§ 28A-2A-8. Manner of probate of attested written will or certified paper copy of attested written will stored as an electronic record.
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§ 28A-2A-8. Manner of probate of attested written will or certified paper copy of attested written will stored as an electronic record.
(a)An attested written will, executed as provided by G.S. 31-3.3, may be probated in any of the following ways:
(1)Upon the testimony of at least two of the attesting witnesses.
(2)If the testimony of only one attesting witness is available, then with all of the following:
a. The testimony of the witness.
b. Proof of the handwriting of at least one of the attesting witnesses who is dead or whose testimony is otherwise unavailable.
c. Proof of the handwriting of the testator, unless the testator signed by the testator's mark.
d. Proof of other circumstances that satisfy the clerk of the superior court as to the genuineness and due execution of the will.
(3)If the testimony of none of the attesting witnesses is available, then with both of the following:
a. Proof of the handwriting of at least two of the attesting witnesses whose testimony is unavailable.
b. Compliance with sub-subdivisions c. and d. of subdivision (a)(2) of this section.
(4)Upon a showing that the will has been made self-proved in accordance with G.S. 31-11.6.
(a1)A certified paper copy, created in accordance with the requirements of G.S. 31-73, of an attested written will executed as provided by G.S. 31-3.3 may be probated in any of the following ways:
(1)Upon the testimony of at least two of the attesting witnesses.
(2)If the testimony of only one attesting witness is available, then with both of the following:
a. The testimony of the witness.
b. Proof of other circumstances that satisfy the clerk of the superior court as to the genuineness and due execution of the will.
(3)If the testimony of none of the attesting witnesses is available, then upon compliance with sub-subdivision b. of subdivision
(2)of this subsection.
(4)Upon a showing that the attested will has been made self-proved in accordance with G.S. 31-11.6.
(b)Due execution of a will may be established, if the evidence required by subsections
(a)and
(a1)of this section is unavoidably lacking or inadequate, by testimony of other competent witnesses as to the requisite facts.
(c)The testimony of a witness is unavailable within the meaning of this section when the witness is dead, out of the State, not to be found within the State, incompetent, physically unable to testify, or refuses to testify. (1953, c. 1098, s. 12; 1977, c. 795, s. 2; 1979, c. 107, s. 4; 2011-344, ss. 3, 4; 2025-33, s. 8.2.)