On January 1, 2026, a new kind of will can be offered for probate in North Carolina. Session Law 2025-33, Part VIII adds a new Article 11 to Chapter 31 of the General Statutes, allowing an attested written will to be stored as an electronic record and later offered for probate as a certified paper copy.
Continue ReadingArchive
Tag: probate
-
-
A Reminder: In Most Cases, Judges Can’t Serve as Court-Appointed Fiduciaries
The clerk of superior court, as the ex officio judge of probate in North Carolina, has original and exclusive jurisdiction over the appointment and removal of certain fiduciaries. See G.S. 7A-241. This includes the executor or administrator of a decedent’s estate (also known as the personal representative), the trustee of a trust, and a guardian of an incompetent adult or minor child’s estate. G.S. 28A-2-4(a)(2) (estate); G.S. 36C-2-203(a)(1) (trust); G.S. 35A-1203 (guardianship). When determining whether to appoint or remove these fiduciaries, the clerk must determine whether the person applying to serve in that capacity is qualified to serve. For example, a person may not serve as executor of an estate who is under the age of 18, who is a convicted felon whose rights have not been restored, or who is found to be otherwise unsuitable by the clerk. G.S. 28A-4-2(1), (3), (9).
Continue Reading