2005 North Carolina Code - General Statutes Article 2 - Jurisdiction for Probate of Wills and Administration of Estates of Decedents.

Article 2.

Jurisdiction for Probate of Wills and Administration of Estates of Decedents.

§ 28A‑2‑1.� Clerk of superior court.

The clerk of superior court of each county, ex officio judge of probate, shall have jurisdiction of the administration, settlement, and distribution of estates of decedents including, but not limited to, the following:

(1)������ Probate of wills;

(2)������ Granting of letters testamentary and of administration, or other proper letters of authority for the administration of estates. (R.C., c. 46, s. 1; C.C.P., s. 433; 1868‑9, c. 113, s. 115; Code, s. 1374; Rev., s. 16; C.S., s. 1; 1931, c. 165; 1943, c. 543; 1951, c. 765; 1973, c. 1329, s. 3.)

 

§ 28A‑2‑2.� Assistant clerk of superior court.

An assistant clerk of superior court shall have jurisdiction as provided by G.S. 7A‑102. (1973, c. 1329, s. 3.)

 

§ 28A‑2‑3.� Jurisdiction where clerk interested.

Whenever the clerk of superior court is a subscribing witness to a will offered for probate in his county or has an interest, direct or indirect, in an estate or trust within his jurisdiction, jurisdiction with respect thereto shall be vested in the senior resident superior court judge of his district, and shall extend to all things which the clerk of superior court might have done in the administration of such estate. (R.C., c. 46, s. 1; C.C.P., s. 433; 1868‑9, c. 113, s. 115; Code, s. 1374; Rev., s. 16; C.S., s. 1; 1931, c. 165; 1943, c. 543; 1951, c. 765; 1973, c. 1329, s. 3; 1975, c. 300, s. 1.)