AMENDS PROBATE/TRUSTS/WILLS CHOICE OF LAW.

View NCGA Bill Details2017-2018 Session
Senate Bill 778 (Public) Filed Wednesday, May 30, 2018
AN ACT (I) TO REQUIRE THAT, IN A LIVING PROBATE PROCEEDING, THE ORIGINAL WILL BE INTRODUCED AS EVIDENCE RATHER THAN BEING ATTACHED TO THE INITIAL PETITION, (II) TO PERMIT THE USE OF "MINOR" OR "18+" OR "ADULT" IN PLACE OF THE ACTUAL AGE OF AN HEIR OR DEVISEE IN AN APPLICATION FOR LETTERS OF ADMINISTRATION OR LETTERS TESTAMENTARY, (III) TO ADJUST THIS STATE'S STATUTES DEALING WITH OUT-OF-STATE WILLS RECOGNIZED IN THIS STATE ON THE BASIS OF COMPLIANCE WITH THE LAW OF THE STATE OF EXECUTION IN ORDER TO CONTINUE THE REQUIREMENT THAT THE TESTATOR BE PHYSICALLY PRESENT IN THAT STATE AT THE TIME OF THE WILL'S EXECUTION, (IV) TO PROVIDE FOR NOTICE THAT TENANCY BY THE ENTIRETIES PROPERTY TRANSFERRED TO A TENANCY BY THE ENTIRETIES TRUST REMAINS IMMUNE TO THE CLAIMS OF ONE SPOUSE'S INDIVIDUAL CREDITORS AND TO SPECIFY THAT A PERSON ENTERING INTO A TRANSACTION INVOLVING THE PROPERTY MAY OBTAIN CONFIRMATION FROM THE TRUSTEE THAT THE PROPERTY CONTINUES TO QUALIFY FOR THIS IMMUNITY, AND (V) TO MAKE TECHNICAL CORRECTIONS TO THE AFFECTED STATUTES AND TO THE NORTH CAROLINA UNIFORM POWER OF ATTORNEY ACT, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Intro. by Barringer, Daniel, Randleman.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (May 31 2018)

Bill History:

S 778

Bill Summaries:

  • Summary date: May 30 2018 - More information

    Amends GS 28A-2B-1 to require that at a hearing taking place before death on the validity of a will or codicil, that the petitioner produce the original will or codicil. Makes conforming changes to GS 28A-2B-3 concerning the contents of a petition of will validity, requiring that the original will or codicil be tendered at the hearing, while attaching a copy with the petition.

    Amends GS 28A-2B-3 to provide that on an application for letters of administration or letters testamentary, it is sufficient to use the terms minor or adult instead of the actual age of an heir or devisee. Makes additional clarifying and technical changes.

    Amends GS 31-11.6 to provide that any will recognized as under GS 31-46(1) or (2) (as amended) and shown to have been made self-proved under the jurisdiction in which the testator was physically present at the time of execution or the place where the testator was domiciled at the time of execution or at the time of death is to be considered as self-proved. Amends GS 31-46 to provide that a will is valid if it meets the requirements of the applicable provision of law in effect in this state at the time of its execution or at the time of the testator's death if (1) the wills's execution complied with the law of the jurisdiction in which the testator was physically present at the time of execution (was, execution complies with the law of the place where it is executed at the time of execution); its execution complied with the law of the place where the testator was domiciled at the time of execution or at the time of death; or it is a military testamentary instrument executed in accordance with 10 USC Sec. 1044d.

    Amends GS 39-13.7 by adding a provision providing for notice that real property held in trust has immunity from the claims of separate creditors may be given in a statement in the conveyance of the tenancy by the entireties real property to the trust that the real property is held under this statute and that the requirements for immunity from the claims of separate creditors are met as of the date of the conveyance. Allows a person entering into a transaction involving real property that is held in trust to require confirmation from the trustee whether the requirements for providing immunity form the claims of separate creditors are met at the time of the transaction. Makes additional technical and clarifying changes.

    Requires the Revisor of Statutes to print, as annotations to the published General Statutes, all explanatory comments of the drafters of the following provisions, as the Revisor deems appropriate.

    Amends GS 32C-1-116 by making clarifying changes and removing references to a clerk of superior court limiting an agent’s authority over a power of attorney when a guardian of the estate or a general guardian has been appointed.

    Amends GS 32C-1-109, concerning when power of attorney is effective, to change statutory cross references from GS 32C-1-105(5)a and b to GS 32C-1-106(6)a and b. Amends GS 32C-1-116, concerning judicial relief, to correct the statutory cross reference from GS 32C-1-102(5) to GS 32C-1-102(6).

    Amends GS 32C-1-110, concerning the termination of power to attorney, to add references to a subsequent power of attorney revoking a previous power of attorney. Requires that a power of attorney that has not been registered to be revoked by one of the specified methods. Makes conforming changes.

    Amends GS 32C-1-112 to specify that an agent is entitled to reimbursement of expenses incurred on behalf of the principal, upon request to the clerk of superior court.

    Amends GS 32C-1-114, concerning an agent’s duties, to no longer require accounting to the principal or a designated person. Also adds that a designated person, in addition to the principal, may request that an agent disclose receipts, disbursements, or transactions conducted on behalf of the principal. Amends GS 32C-3-301, containing the statutory form power of attorney, by making conforming changes.

    Amends GS 32C-4-403 to provide that the rule of GS 32C-1-104 regarding durability of a power of attorney applies to powers of attorney executed before January 1, 2018, unless there is a clear indication of a contrary intent or if application of the rule of construction or presumption would substantially impair rights of a party created under state law in effect before January 1, 2018.

    Amends GS 90-21.13, concerning informed consent to health care treatment or procedure, and GS 90-322, concerning procedures for natural death in the absence of a declaration, to no longer require agents to have been appointed pursuant to GS Chapter 32C.


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