NCGA - North Carolina General Assembly
Full Site Search:
Search Bill Text:
Find a Bill:
View Member Info:
NOTE: The Statutes on the North Carolina General Assembly website reflect changes made in the 2016 Regular Session. The changes do not include the 4th Special Session held in December 2016. The changes from all Sessions are listed in the NC Statutes and Session Laws affected by ratified bills documents.

The General Statutes published on this website are not official. Please read the caveats for more information.


North Carolina General Statutes
Chapter 31: Wills.

Full-Text Search?:
Look-Up by Citation:
  Example: 17D-4

View Consolidated Chapter [HTML] [RTF]

Article 1 - Execution of Will. [HTML] [RTF]
G.S. 31-1 31-1. Who may make will.[HTML] [RTF]
G.S. 31-2 31-2. Repealed by Session Laws 1953, c. 1098, s. 1.[HTML] [RTF]
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.[HTML] [RTF]
G.S. 31-3.1 31-3.1. Will invalid unless statutory requirements complied with.[HTML] [RTF]
G.S. 31-3.2 31-3.2. Kinds of wills.[HTML] [RTF]
G.S. 31-3.3 31-3.3. Attested written will.[HTML] [RTF]
G.S. 31-3.4 31-3.4. Holographic will.[HTML] [RTF]
G.S. 31-3.5 31-3.5. Nuncupative will.[HTML] [RTF]
G.S. 31-3.6 31-3.6. Seal not required.[HTML] [RTF]
G.S. 31-4 31-4: Repealed by Session Laws 2015-205, s. 3(b), effective August 11, 2015.[HTML] [RTF]
G.S. 31-4.1 31-4.1: Repealed by Session Laws 2010-181, s. 1, effective July 1, 2010.[HTML] [RTF]
G.S. 31-4.2 31-4.2: Repealed by Session Laws 2010-181, s. 2, effective July 1, 2010.[HTML] [RTF]
Article 2 - Revocation of Will. [HTML] [RTF]
G.S. 31-5 31-5. Rewritten and renumbered as G.S. 31-5.1 by Session Laws 1953, c. 1098, s. 3.[HTML] [RTF]
G.S. 31-5.1 31-5.1. Revocation of written will.[HTML] [RTF]
G.S. 31-5.2 31-5.2. Revocation of nuncupative will.[HTML] [RTF]
G.S. 31-5.3 31-5.3. Will not revoked by marriage; dissent from will made prior to marriage.[HTML] [RTF]
G.S. 31-5.4 31-5.4. Revocation by divorce or annulment; revival.[HTML] [RTF]
G.S. 31-5.5 31-5.5. After-born or after-adopted child; children born out of wedlock; effect on will.[HTML] [RTF]
G.S. 31-5.6 31-5.6. No revocation by subsequent conveyance.[HTML] [RTF]
G.S. 31-5.7 31-5.7. Specific provisions for revocation exclusive; effect of changes in circumstances.[HTML] [RTF]
G.S. 31-5.8 31-5.8. Revival of revoked will.[HTML] [RTF]
G.S. 31-6 31-6. Renumbered as G.S. 31-5.3 by Session Laws 1953, c. 1098, s. 5.[HTML] [RTF]
G.S. 31-7 31-7. Repealed by Session Laws 1953, c. 1098, s. 9.[HTML] [RTF]
G.S. 31-8 31-8. Renumbered as G.S. 31-5.6 by Session Laws 1953, c. 1098, s. 8.[HTML] [RTF]
Article 3 - Witnesses to Will. [HTML] [RTF]
G.S. 31-8.1 31-8.1. Who may witness.[HTML] [RTF]
G.S. 31-9 31-9. Executor competent witness.[HTML] [RTF]
G.S. 31-10 31-10. Beneficiary competent witness; when interest rendered void.[HTML] [RTF]
G.S. 31-10.1 31-10.1. Corporate trustee not disqualified by witnessing of will by stockholder.[HTML] [RTF]
Article 4 - Depository for Wills. [HTML] [RTF]
G.S. 31-11 31-11. Depositories in offices of clerks of superior court where living persons may file wills.[HTML] [RTF]
G.S. 31-11.1 through 31-11.5 31-11.1 through 31-11.5. Reserved for future codification purposes.[HTML] [RTF]
Article 4A - Self-Proved Wills. [HTML] [RTF]
G.S. 31-11.6 31-11.6. How attested wills may be made self-proved.[HTML] [RTF]
Article 5 - Probate of Will. [HTML] [RTF]
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.[HTML] [RTF]
G.S. 31-13 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.[HTML] [RTF]
G.S. 31-14 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.[HTML] [RTF]
G.S. 31-15 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.[HTML] [RTF]
G.S. 31-16 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.[HTML] [RTF]
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.[HTML] [RTF]
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.[HTML] [RTF]
G.S. 31-18.1 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.[HTML] [RTF]
G.S. 31-18.2 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.[HTML] [RTF]
G.S. 31-18.3 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.[HTML] [RTF]
G.S. 31-18.4 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.[HTML] [RTF]
G.S. 31-19 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.[HTML] [RTF]
G.S. 31-20 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.[HTML] [RTF]
G.S. 31-21 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.[HTML] [RTF]
G.S. 31-22 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.[HTML] [RTF]
G.S. 31-23 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.[HTML] [RTF]
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.[HTML] [RTF]
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.[HTML] [RTF]
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.[HTML] [RTF]
G.S. 31-27 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.[HTML] [RTF]
G.S. 31-28 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.[HTML] [RTF]
G.S. 31-29 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.[HTML] [RTF]
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.[HTML] [RTF]
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.[HTML] [RTF]
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.[HTML] [RTF]
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.[HTML] [RTF]
Article 6 - Caveat to Will. [HTML] [RTF]
G.S. 31-32 31-32. Filing of caveat.[HTML] [RTF]
G.S. 31-33 31-33. Cause transferred to trial docket.[HTML] [RTF]
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.[HTML] [RTF]
G.S. 31-35 31-35. Affidavit of witness as evidence.[HTML] [RTF]
G.S. 31-36 31-36. Effect of caveat on estate administration.[HTML] [RTF]
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.[HTML] [RTF]
G.S. 31-37.1 31-37.1. Settlement agreement; filing of judgment.[HTML] [RTF]
Article 7 - Construction of Will. [HTML] [RTF]
G.S. 31-38 31-38. Devise presumed to be in fee.[HTML] [RTF]
G.S. 31-39 31-39. Probate necessary to pass title; rights of lien creditors and purchasers; recordation in county where real property lies.[HTML] [RTF]
G.S. 31-40 31-40. What property passes by will.[HTML] [RTF]
G.S. 31-41 31-41. Will relates to death of testator.[HTML] [RTF]
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.[HTML] [RTF]
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.[HTML] [RTF]
G.S. 31-43 31-43: Repealed by Session Laws 2015-205, s. 3(b), effective August 11, 2015.[HTML] [RTF]
G.S. 31-44 31-44. Repealed by Session Laws 1951, c. 762, s. 2.[HTML] [RTF]
G.S. 31-45 31-45. Rewritten and renumbered as G.S. 31-5.5 by Session Laws 1953, c. 1098, s. 7.[HTML] [RTF]
G.S. 31-46 31-46. Validity of will; which laws govern.[HTML] [RTF]
G.S. 31-46.1 31-46.1. Construction of certain formula clauses applicable to estates of decedents dying in calendar year 2010.[HTML] [RTF]
Article 8 - Testamentary Additions to Trusts. [HTML] [RTF]
G.S. 31-47 31-47. Testamentary additions to trusts.[HTML] [RTF]
G.S. 31-48 31-48: Reserved for future codification purposes.[HTML] [RTF]
G.S. 31-49 31-49: Reserved for future codification purposes.[HTML] [RTF]
G.S. 31-50 31-50: Reserved for future codification purposes.[HTML] [RTF]
Article 9 - Incorporation by Reference; Acts of Independent Significance. [HTML] [RTF]
G.S. 31-51 31-51. Incorporation by reference.[HTML] [RTF]
G.S. 31-52 31-52. Acts and events of independent significance.[HTML] [RTF]