Chapter 47 - Probate and Registration.

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Chapter 47
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Article 1 - Probate.
G.S. 47-1
§ 47-1. Officials of State authorized to take probate.
G.S. 47-2
§ 47-2. Officials of the United States, foreign countries, and sister states.
G.S. 47-2.1
§ 47-2.1. Validation of instruments proved before officers of certain ranks.
G.S. 47-2.2
§ 47-2.2. Notary public of sister state; lack of seal or stamp or expiration date of commission.
G.S. 47-3
§ 47-3: Repealed by Session Laws 1987, c. 620, s. 3.
G.S. 47-4
§ 47-4. Repealed by Session Laws 1971, c. 1185, s. 10.
G.S. 47-5
§ 47-5. When seal of officer necessary to probate.
G.S. 47-6
§ 47-6. Officials may act although land or maker's residence elsewhere.
G.S. 47-7
§ 47-7: Repealed by Session Laws 1987, c. 620, s. 3.
G.S. 47-8
§ 47-8: Repealed by Session Laws 1991, c. 543, s. 1.
G.S. 47-8.1
§ 47-8.1. Certain documents verified by attorneys validated.
G.S. 47-9
§ 47-9. Probates before stockholders in building and loan associations.
G.S. 47-10
§ 47-10. Probate before stockholders or directors in banking corporations.
G.S. 47-11
§ 47-11. Subpoenas to maker and subscribing witnesses.
G.S. 47-12
§ 47-12. Proof of attested instrument by subscribing witness.
G.S. 47-12.1
§ 47-12.1. Proof of attested instrument by proof of handwriting.
G.S. 47-12.2
§ 47-12.2. Subscribing witness incompetent when grantee or beneficiary.
G.S. 47-13
§ 47-13. Proof of unattested writing.
G.S. 47-13.1
§ 47-13.1. Certificate of officer taking proof of instrument.
G.S. 47-14
§ 47-14. Register of deeds to verify the presence of proof or acknowledgement and register instruments and electronic documents; order by judge; instruments to which register of deeds is a party.
G.S. 47-14.1
§ 47-14.1. Repeal of laws requiring private examination of married women.
G.S. 47-15
§ 47-15. Repealed by Session Laws 1985, c. 589, s. 26, effective January 1, 1986.
G.S. 47-16
§ 47-16. Probate of corporate deeds, where corporation has ceased to exist.
Article 1A - Uniform Real Property Electronic Recording Act.
G.S. 47-16.1
§ 47-16.1. Short title.
G.S. 47-16.2
§ 47-16.2. Definitions.
G.S. 47-16.3
§ 47-16.3. Validity of electronic documents.
G.S. 47-16.4
§ 47-16.4. Recording of documents.
G.S. 47-16.5
§ 47-16.5. Administration and standards.
G.S. 47-16.6
§ 47-16.6. Uniformity of application and construction.
G.S. 47-16.7
§ 47-16.7. Relation to Electronic Signatures in Global and National Commerce Act.
Article 2 - Registration.
G.S. 47-17
§ 47-17. Probate and registration sufficient without livery of seizin, etc.
G.S. 47-17.1
§ 47-17.1. Documents registered or ordered to be registered in certain counties to designate draftsman; exceptions.
G.S. 47-17.2
§ 47-17.2. Assignments of mortgages, deeds of trust, or other agreements pledging real property as security.
G.S. 47-18
§ 47-18. Conveyances, contracts to convey, options, and leases of land.
G.S. 47-18.1
§ 47-18.1. Registration of certificate of entity name change, merger, consolidation, or conversion.
G.S. 47-18.2
§ 47-18.2. Registration of Inheritance and Estate Tax Waiver.
G.S. 47-18.3
§ 47-18.3. Execution of corporate instruments; authority and proof.
G.S. 47-19
§ 47-19. Unregistered deeds prior to January, 1920, registered on affidavit.
G.S. 47-20
§ 47-20. Deeds of trust, mortgages, conditional sales contracts, assignments of leases and rents; effect of registration.
G.S. 47-20.1
§ 47-20.1. Place of registration; real property.
G.S. 47-20.2
§ 47-20.2. Place of registration; personal property.
G.S. 47-20.3
§ 47-20.3. Place of registration; instruments covering both personal property and real property.
G.S. 47-20.4
§ 47-20.4. Place of registration; chattel real.
G.S. 47-20.5
§ 47-20.5. Real property; effectiveness of after-acquired property clause.
G.S. 47-20.6
§ 47-20.6. Affidavit for permanent attachment of titled manufactured home to real property.
G.S. 47-20.7
§ 47-20.7. Declaration of intent to affix manufactured home; transfer of real property with manufactured home attached.
G.S. 47-21
§ 47-21. Blank or master forms of mortgages, etc.; embodiment by reference in instruments later filed.
G.S. 47-22
§ 47-22. Counties may provide for photographic or photostatic registration.
G.S. 47-23
§ 47-23. Repealed by Session Laws 1953, c. 1190, s. 3.
G.S. 47-24
§ 47-24. Conditional sales or leases of railroad property.
G.S. 47-25
§ 47-25. Marriage settlements.
G.S. 47-26
§ 47-26. Deeds of gift.
G.S. 47-27
§ 47-27. Deeds of easements.
G.S. 47-28
§ 47-28. Powers of attorney.
G.S. 47-29
§ 47-29. Recording of bankruptcy records.
G.S. 47-29.1
§ 47-29.1. Recordation of environmental notices.
G.S. 47-30
§ 47-30. Plats and subdivisions; mapping requirements.
G.S. 47-30.1
§ 47-30.1. Plats and subdivisions; alternative requirements.
G.S. 47-30.2
§ 47-30.2. Review Officer.
G.S. 47-31
§ 47-31. Certified copies may be registered; used as evidence.
G.S. 47-32
§ 47-32. Photographic copies of plats, etc.
G.S. 47-32.1
§ 47-32.1. Photostatic copies of plats, etc.; alternative provisions.
G.S. 47-32.2
§ 47-32.2. Violation of § 47-30 or § 47-32 a misdemeanor.
G.S. 47-33
§ 47-33. Certified copies of deeds made by alien property custodian may be registered.
G.S. 47-34
§ 47-34. Certified copies of deeds made by alien property custodian admissible in evidence.
G.S. 47-35
§ 47-35. Register to fill in deeds on blank forms with lines.
G.S. 47-36
§ 47-36. Errors in registration corrected on petition to clerk.
G.S. 47-36.1
§ 47-36.1. Notice of errors in recorded instruments of title.
G.S. 47-36.2
§ 47-36.2. Cure of obvious description errors in recorded instruments.
Article 3 - Forms of Acknowledgment, Probate and Order of Registration.
G.S. 47-37
§ 47-37: Repealed by Session Laws 2005-123, s. 3, effective October 1, 2005.
G.S. 47-37.1
§ 47-37.1. Other forms of proof.
G.S. 47-38
§ 47-38. Acknowledgment by grantor.
G.S. 47-39
§ 47-39. Repealed by Session Laws 1977, c. 375, s. 16, effective January 1, 1978.
G.S. 47-40
§ 47-40. Husband's acknowledgment and wife's acknowledgment before the same officer.
G.S. 47-41
§ 47-41: Repealed by Session Laws 1991, c. 647, s. 3.
G.S. 47-41.01
§ 47-41.01. Corporate conveyances.
G.S. 47-41.02
§ 47-41.02. Other forms of probate for corporate conveyances.
G.S. 47-41.1
§ 47-41.1. Corporate seal.
G.S. 47-41.2
§ 47-41.2. Technical defects.
G.S. 47-42
§ 47-42. Attestation of bank conveyances by secretary or cashier.
G.S. 47-43
§ 47-43. Form of certificate of acknowledgment of instrument executed by agent.
G.S. 47-43.1
§ 47-43.1. Execution and acknowledgment of instruments by attorneys or attorneys-in-fact.
G.S. 47-43.2
§ 47-43.2. Officer's certificate upon proof of instrument by subscribing witness.
G.S. 47-43.3
§ 47-43.3. Officer's certificate upon proof of instrument by proof of signature of maker.
G.S. 47-43.4
§ 47-43.4. Officer's certificate upon proof of instrument by proof of signature of subscribing witness.
G.S. 47-44
§ 47-44. Clerk's certificate upon probate by justice of peace or magistrate.
G.S. 47-45
§ 47-45. Clerk's certificate upon probate by nonresident official without seal.
G.S. 47-46
§ 47-46: Repealed by Session Laws 2005-123, s. 4, effective October 1, 2005.
G.S. 47-46.1
§ 47-46.1. Notice of satisfaction of deed of trust, mortgage, or other instrument.
G.S. 47-46.2
§ 47-46.2. Certificate of satisfaction of deed of trust, mortgage, or other instrument.
G.S. 47-46.3
§ 47-46.3. Affidavit of lost note.
Article 4 - Curative Statutes; Acknowledgments; Probates; Registration.
G.S. 47-47
§ 47-47. Defective order of registration; "same" for "this instrument".
G.S. 47-48
§ 47-48. Clerks' and registers of deeds' certificate failing to pass on all prior certificates.
G.S. 47-49
§ 47-49. Defective certification or adjudication of clerk, etc., admitting to registration.
G.S. 47-50
§ 47-50. Order of registration omitted.
G.S. 47-50.1
§ 47-50.1. Register's certificate omitted.
G.S. 47-51
§ 47-51. Official deeds omitting seals.
G.S. 47-52
§ 47-52. Defective acknowledgment on old deeds validated.
G.S. 47-53
§ 47-53. Probates omitting official seals, etc.
G.S. 47-53.1
§ 47-53.1. Acknowledgment omitting seal of clerk or notary public.
G.S. 47-54
§ 47-54. Registration by register's deputies or clerks.
G.S. 47-54.1
§ 47-54.1. Registration by register's assistants or deputies.
G.S. 47-55
§ 47-55. Before officer in wrong capacity or out of jurisdiction.
G.S. 47-56
§ 47-56. Before justices of peace, where clerk's certificate or order of registration defective.
G.S. 47-57
§ 47-57. Probates on proof of handwriting of maker refusing to acknowledge.
G.S. 47-58
§ 47-58. Before judges of Supreme Court or superior courts or clerks before 1889.
G.S. 47-59
§ 47-59. Before clerks of inferior courts.
G.S. 47-60
§ 47-60. Order of registration by judge, where clerk party.
G.S. 47-61
§ 47-61. Order of registration by interested clerk.
G.S. 47-62
§ 47-62. Probates before interested notaries.
G.S. 47-63
§ 47-63. Probates before officer of interested corporation.
G.S. 47-64
§ 47-64. Probates before officers, stockholders or directors of corporations.
G.S. 47-65
§ 47-65. Clerk's deeds, where clerk appointed himself to sell.
G.S. 47-66
§ 47-66. Certificate of wife's "previous" examination.
G.S. 47-67
§ 47-67. Probates of husband and wife in wrong order.
G.S. 47-68
§ 47-68. Probates of husband and wife before different officers.
G.S. 47-69
§ 47-69. Wife free trader; no examination or husband's assent.
G.S. 47-70
§ 47-70. By president and attested by treasurer under corporate seal.
G.S. 47-71
§ 47-71. By president and attested by witness before January, 1900.
G.S. 47-71.1
§ 47-71.1. Corporate seal omitted prior to January 1, 2000.
G.S. 47-72
§ 47-72. Corporate name not affixed, but signed otherwise prior to April 1, 2021.
G.S. 47-73
§ 47-73. Probated and registered on oath of subscribing witness.
G.S. 47-74
§ 47-74. Certificate alleging examination of grantor instead of witness.
G.S. 47-75
§ 47-75. Proof of corporate articles before officer authorized to probate.
G.S. 47-76
§ 47-76. Before officials of wrong state.
G.S. 47-77
§ 47-77. Before notaries and clerks in other states.
G.S. 47-78
§ 47-78. Acknowledgment by resident taken out-of-state.
G.S. 47-79
§ 47-79. Before deputy clerks of courts of other states.
G.S. 47-80
§ 47-80. Sister state probates without Governor's authentication.
G.S. 47-81
§ 47-81. Before commissioners of deeds.
G.S. 47-81.1
§ 47-81.1. Before commissioner of oaths.
G.S. 47-81.2
§ 47-81.2. Before United States Army, etc., officers, and other service members.
G.S. 47-82
§ 47-82. Foreign probates omitting seals.
G.S. 47-83
§ 47-83. Before consuls general.
G.S. 47-84
§ 47-84. Before vice-consuls and vice-consuls general.
G.S. 47-85
§ 47-85. Before masters in chancery.
G.S. 47-85.1
§ 47-85.1. Further as to acknowledgments, etc., before masters in chancery.
G.S. 47-86
§ 47-86. Validation of probate of deeds by clerks of courts of record of other states, where official seal is omitted.
G.S. 47-87
§ 47-87. Validation of probates by different officers of deeds by wife and husband.
G.S. 47-88
§ 47-88. Registration without formal order validated.
G.S. 47-89
§ 47-89. Same subject.
G.S. 47-90
§ 47-90. Validation of acknowledgments taken by notaries public holding other office.
G.S. 47-91
§ 47-91. Validation of certain probates of deeds before consular agents of the United States.
G.S. 47-92
§ 47-92. Probates before stockholders and directors of banks.
G.S. 47-93
§ 47-93. Acknowledgments taken by stockholder, officer, or director of bank.
G.S. 47-94
§ 47-94. Acknowledgment and registration by officer or stockholder in building and loan or savings and loan association.
G.S. 47-95
§ 47-95. Acknowledgments taken by notaries interested as trustee or holding other office.
G.S. 47-96
§ 47-96. Validation of instruments registered without probate.
G.S. 47-97
§ 47-97. Validation of corporate deed with mistake as to officer's name.
G.S. 47-97.1
§ 47-97.1. Validation of corporate deeds containing error in acknowledgment or probate.
G.S. 47-98
§ 47-98. Registration on defective probates beyond State.
G.S. 47-99
§ 47-99. Certificates of clerks without seal.
G.S. 47-100
§ 47-100. Acknowledgments taken by officer who was grantor.
G.S. 47-101
§ 47-101. Seal of acknowledging officer omitted; deeds made presumptive evidence.
G.S. 47-102
§ 47-102. Absence of notarial seal.
G.S. 47-103
§ 47-103. Deeds probated and registered with notary's seal not affixed, validated.
G.S. 47-104
§ 47-104. Acknowledgments of notary holding another office.
G.S. 47-105
§ 47-105. Acknowledgment and private examination of married woman taken by officer who was grantor.
G.S. 47-106
§ 47-106. Certain instruments in which clerk of superior court was a party, validated.
G.S. 47-107
§ 47-107. Validation of probate and registration of certain instruments where name of grantor omitted from record.
G.S. 47-108
§ 47-108. Acknowledgments before notaries under age.
G.S. 47-108.1
§ 47-108.1. Certain corporate deeds, etc., declared validly admitted to record.
G.S. 47-108.2
§ 47-108.2. Acknowledgments and examinations before notaries holding some other office.
G.S. 47-108.3
§ 47-108.3. Validation of acts of certain notaries public prior to November 26, 1921.
G.S. 47-108.4
§ 47-108.4. Acknowledgments, etc., of instruments of married women made since February 7, 1945.
G.S. 47-108.5
§ 47-108.5. Validation of certain deeds executed in other states where seal omitted.
G.S. 47-108.6
§ 47-108.6. Validation of certain conveyances of foreign dissolved corporations.
G.S. 47-108.7
§ 47-108.7. Validation of acknowledgments, etc., by deputy clerks of superior court.
G.S. 47-108.8
§ 47-108.8. Acts of registers of deeds or deputies in recording plats and maps by certain methods validated.
G.S. 47-108.9
§ 47-108.9. Validation of probate of instruments pursuant to § 47-12.
G.S. 47-108.10
§ 47-108.10. Validation of registration of plats upon probate in accordance with § 47-30.
G.S. 47-108.11
§ 47-108.11. Validation of recorded instruments where seals have been omitted.
G.S. 47-108.12
§ 47-108.12. Validation of instruments acknowledged before United States commissioners.
G.S. 47-108.13
§ 47-108.13. Validation of certain instruments registered prior to January 1, 1934.
G.S. 47-108.14
§ 47-108.14. Conveyances by the United States acting by and through the General Services Administration.
G.S. 47-108.15
§ 47-108.15. Validation of registration of instruments filed before order of registration.
G.S. 47-108.16
§ 47-108.16. Validation of certain deeds executed by nonresident banks.
G.S. 47-108.17
§ 47-108.17. Validation of certain deeds where official capacity not designated.
G.S. 47-108.18
§ 47-108.18. Registration of certain instruments containing a notarial jurat validated.
G.S. 47-108.18A
§ 47-108.18A. Registration of certain instruments containing a notarial acknowledgment.
G.S. 47-108.18B
§ 47-108.18B. Registration of certain instruments containing a notarial jurat.
G.S. 47-108.19
§ 47-108.19. Validation of certain maps and plats that cannot be copied.
G.S. 47-108.20
§ 47-108.20. Validation of certain recorded instruments that were not acknowledged.
G.S. 47-108.21
§ 47-108.21. Sales for 1930 on dates other than first Monday in June validated.
G.S. 47-108.22
§ 47-108.22. Tax sales for 1931-32 on day other than law provides and certificates validated.
G.S. 47-108.23
§ 47-108.23. Tax sales for 1933-34 and certificates validated.
G.S. 47-108.24
§ 47-108.24. Notices of sale for taxes by publication validated.
G.S. 47-108.25
§ 47-108.25. Validation of sales and resales held pursuant to § 105-374.
G.S. 47-108.26
§ 47-108.26. Validation of reconveyances of tax foreclosed property by county boards of commissioners.
G.S. 47-108.27
§ 47-108.27. Title to real property affected by boundary certification; liens.
G.S. 47-108.28
§ 47-108.28. Seven-year curative statute.
Article 5 - Registration of Official Discharges from the Armed Forces of the United States.
G.S. 47-109
§ 47-109. Book for record of discharges in office of register of deeds; specifications.
G.S. 47-110
§ 47-110. Registration of official discharge or certificate of lost discharge.
G.S. 47-111
§ 47-111. Inquiry by register of deeds; oath of applicant.
G.S. 47-112
§ 47-112. Forgery or alteration of discharge or certificate; punishment.
G.S. 47-113
§ 47-113. Certified copy of registration.
G.S. 47-113.1
§ 47-113.1: Repealed by Session Laws 2003-248, s. 1, effective January 1, 2004.
G.S. 47-113.2
§ 47-113.2. Restricting access to military discharge documents.
G.S. 47-114
§ 47-114. Payment of expenses incurred.
Article 6 - Registration and Execution of Instruments Signed under a Power of Attorney.
G.S. 47-115
§ 47-115. Execution in name of either principal or attorney-in-fact; indexing in names of both.
G.S. 47-115.1
§ 47-115.1. Repealed by Session Laws 1983, c. 626, s. 2, effective October 1, 1983.
Article 7 - Private Examination of Married Women Abolished.
G.S. 47-116
§ 47-116. Transferred to G.S. 47-14.1 by Session Laws 1951, c. 893.
Article 8 - Memoranda of Leases and Options.
G.S. 47-117
§ 47-117. Forms do not preclude use of others; adaptation of forms.
G.S. 47-118
§ 47-118. Forms of registration of lease.
G.S. 47-119
§ 47-119. Memorandum for option to purchase or convey, right of first refusal, or right of first offer for real estate.
G.S. 47-119.1
§ 47-119.1. Memorandum for contract to purchase real estate.
G.S. 47-120
§ 47-120. Memorandum as notice.