Chapter 31 - Wills.

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Chapter 31
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Article 1 - Execution of Will.
G.S. 31-1
§ 31-1. Who may make will.
G.S. 31-2
§ 31-2. Repealed by Session Laws 1953, c. 1098, s. 1.
G.S. 31-3
§ 31-3. Rewritten and renumbered as G.S. 31-3.1 to 31-3.6 by Session Laws 1953, c. 1098, s. 2.
G.S. 31-3.1
§ 31-3.1. Will invalid unless statutory requirements complied with.
G.S. 31-3.2
§ 31-3.2. Kinds of wills.
G.S. 31-3.3
§ 31-3.3. Attested written will.
G.S. 31-3.4
§ 31-3.4. Holographic will.
G.S. 31-3.5
§ 31-3.5. Nuncupative will.
G.S. 31-3.6
§ 31-3.6. Seal not required.
G.S. 31-4
§ 31-4: Repealed by Session Laws 2015-205, s. 3(b), effective August 11, 2015.
G.S. 31-4.1
§ 31-4.1: Repealed by Session Laws 2010-181, s. 1, effective July 1, 2010.
G.S. 31-4.2
§ 31-4.2: Repealed by Session Laws 2010-181, s. 2, effective July 1, 2010.
Article 2 - Revocation of Will.
G.S. 31-5
§ 31-5. Rewritten and renumbered as G.S. 31-5.1 by Session Laws 1953, c. 1098, s. 3.
G.S. 31-5.1
§ 31-5.1. Revocation of written will.
G.S. 31-5.2
§ 31-5.2. Revocation of nuncupative will.
G.S. 31-5.3
§ 31-5.3. Will not revoked by marriage; dissent from will made prior to marriage.
G.S. 31-5.4
§ 31-5.4. (Effective until March 1, 2024) Revocation by divorce or annulment; revival.
Modified by:
G.S. 31-5.5
§ 31-5.5. After-born or after-adopted child; children born out of wedlock; effect on will.
G.S. 31-5.6
§ 31-5.6. No revocation by subsequent conveyance.
G.S. 31-5.7
§ 31-5.7. Specific provisions for revocation exclusive; effect of changes in circumstances.
G.S. 31-5.8
§ 31-5.8. Revival of revoked will.
G.S. 31-6
§ 31-6. Renumbered as G.S. 31-5.3 by Session Laws 1953, c. 1098, s. 5.
G.S. 31-7
§ 31-7. Repealed by Session Laws 1953, c. 1098, s. 9.
G.S. 31-8
§ 31-8. Renumbered as G.S. 31-5.6 by Session Laws 1953, c. 1098, s. 8.
Article 3 - Witnesses to Will.
G.S. 31-8.1
§ 31-8.1. Who may witness.
G.S. 31-9
§ 31-9. Executor competent witness.
G.S. 31-10
§ 31-10. Beneficiary competent witness; when interest rendered void.
G.S. 31-10.1
§ 31-10.1. Corporate trustee not disqualified by witnessing of will by stockholder.
Article 4 - Depository for Wills.
G.S. 31-11
§ 31-11. Depositories in offices of clerks of superior court where living persons may file wills.
G.S. 31-11.1 through 31-11.5
§§ 31-11.1 through 31-11.5. Reserved for future codification purposes.
Article 4A - Self-Proved Wills.
G.S. 31-11.6
§ 31-11.6. How attested wills may be made self-proved.
Article 5 - Probate of Will.
G.S. 31-12
§§ 31-12 through 31-31.2: Recodified as Article 2A of Chapter 28A of the General Statutes, G.S. 28A-2A-1 through G.S. 28A-2A-23, by Session Laws 2011-344, s. 3, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.
G.S. 31-17
§§ 31-12 through 31-31.2: Recodified as Article 2A of Chapter 28A of the General Statutes, G.S. 28A-2A-1 through G.S. 28A-2A-23, by Session Laws 2011-344, s. 3, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.
G.S. 31-18
§ 31-18: §§ 31-12 through 31-31.2: Recodified as Article 2A of Chapter 28A of the General Statutes, G.S. 28A-2A-1 through G.S. 28A-2A-23, by Session Laws 2011-344, s. 3, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.
G.S. 31-24
§§ 31-12 through 31-31.2: Recodified as Article 2A of Chapter 28A of the General Statutes, G.S. 28A-2A-1 through G.S. 28A-2A-23, by Session Laws 2011-344, s. 3, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.
G.S. 31-25 through 31-25.1
§§ 31-25 through 31-25.1: Recodified as Article 2A of Chapter 28A of the General Statutes, G.S. 28A-2A-1 through G.S. 28A-2A-23, by Session Laws 2011-344, s. 3, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.
G.S. 31-26
§ 31-26: Recodified as Article 2A of Chapter 28A of the General Statutes, G.S. 28A-2A-1 through G.S. 28A-2A-23, by Session Laws 2011-344, s. 3, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.
G.S. 31-30
§§ 31-12 through 31-31.2: Recodified as Article 2A of Chapter 28A of the General Statutes, G.S. 28A-2A-1 through G.S. 28A-2A-23, by Session Laws 2011-344, s. 3, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.
G.S. 31-31
§§ 31-12 through 31-31.2: Recodified as Article 2A of Chapter 28A of the General Statutes, G.S. 28A-2A-1 through G.S. 28A-2A-23, by Session Laws 2011-344, s. 3, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.
G.S. 31-31.1
§§ 31-12 through 31-31.2: Recodified as Article 2A of Chapter 28A of the General Statutes, G.S. 28A-2A-1 through G.S. 28A-2A-23, by Session Laws 2011-344, s. 3, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.
G.S. 31-31.2
§§ 31-12 through 31-31.2: Recodified as Article 2A of Chapter 28A of the General Statutes, G.S. 28A-2A-1 through G.S. 28A-2A-23, by Session Laws 2011-344, s. 3, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.
Article 6 - Caveat to Will.
G.S. 31-32
§ 31-32. Filing of caveat.
Modified by:
G.S. 31-33
§ 31-33. Cause transferred to trial docket.
G.S. 31-34
§ 31-34: Repealed by Session Laws 2011-344, s. 8, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.
G.S. 31-35
§ 31-35. Affidavit of witness as evidence.
G.S. 31-36
§ 31-36. Effect of caveat on estate administration.
G.S. 31-37
§ 31-37: Repealed by Session Laws 2011-344, s. 8, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.
G.S. 31-37.1
§ 31-37.1. Settlement agreement; filing of judgment.
Article 7 - Construction of Will.
G.S. 31-38
§ 31-38. Devise presumed to be in fee.
G.S. 31-39
§ 31-39. Probate necessary to pass title; rights of lien creditors and purchasers; recordation in county where real property lies.
G.S. 31-40
§ 31-40. What property passes by will.
G.S. 31-41
§ 31-41. Will relates to death of testator.
G.S. 31-42
§ 31-42. Failure of devises by lapse or otherwise; renunciation; 120-hour survivorship requirement, revised simultaneous death act, Article 24, Chapter 28A.
G.S. 31-42.1 through 31-42.2
§§ 31-42.1 through 31-42.2. Repealed by Session Laws 1965, c. 938, s. 2.
G.S. 31-43
§ 31-43: Repealed by Session Laws 2015-205, s. 3(b), effective August 11, 2015.
G.S. 31-44
§ 31-44. Repealed by Session Laws 1951, c. 762, s. 2.
G.S. 31-45
§ 31-45. Rewritten and renumbered as G.S. 31-5.5 by Session Laws 1953, c. 1098, s. 7.
G.S. 31-46
§ 31-46. Validity of will; which laws govern.
G.S. 31-46.1
§ 31-46.1. Construction of certain formula clauses applicable to estates of decedents dying in calendar year 2010.
Article 8 - Testamentary Additions to Trusts.
G.S. 31-47
§ 31-47. Testamentary additions to trusts.
Article 9 - Incorporation by Reference; Acts of Independent Significance.
G.S. 31-51
§ 31-51. Incorporation by reference.
G.S. 31-52
§ 31-52. Acts and events of independent significance.
Article 10 - Reformation or Modification of Wills.
G.S. 31-61
§ 31-61. Reformation of will to correct mistakes.
G.S. 31-62
§ 31-62. Modification of will to achieve testator's tax objectives.
G.S. 31-63
§ 31-63. Filing of action for reformation or modification of will; bar to caveat.