State Codes and Statutes
Statutes > North-carolina > Chapter_31 > GS_31-39§31‑39. Probate necessary to pass title; recordation in county where landlies; rights of innocent purchasers.
No will shall be effectual topass real or personal estate unless it shall have been duly proved and allowedin the probate court of the proper county, and a duly certified copy thereofshall be recorded in the office of the superior court clerk of the countywherein the land is situate, and the probate of a will devising real estateshall be conclusive as to the execution thereof against the heirs and deviseesof the testator, whenever the probate thereof under the like cirumstances,would be conclusive against the next of kin and legatees of the testator:Provided, that the probate and registration of any will shall not affect therights of innocent purchasers for value from the heirs at law of the testatorwhen such purchase is made more than two years after the death of such testatoror when such purchase is made after the filing of the final account by the dulyauthorized administrator of the decedent and the approval thereof by the clerkof the superior court having jurisdiction of the estate. Such conveyances, ifmade before the expiration of the time required by this section to have elapsedin order for same to be valid against the heirs and devisees of the testator,shall, upon the expiration of such time, become good and valid to the sameeffect as if made after the expiration of such time, unless in the meantime aproceeding shall have been instituted in the proper court to probate the willof the testator. (1784, c. 225, s. 6; R.C., c. 119, s. 20; Code, s.2174; Rev., s. 3139; 1915, c. 219; C.S., s. 4163; 1953, c. 920, s. 1.)
