Bill Summary for S 846 (2011-2012)

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Summary date: 

May 21 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 846 (Public) Filed Monday, May 21, 2012
TO CLARIFY, MODIFY, AND CONSOLIDATE THE LAW APPLICABLE TO THE PASSING OF TITLE TO INTERESTS IN REAL AND PERSONAL PROPERTY DEVISED BY A WILL AND THE RIGHTS OF LIEN CREDITORS AND PURCHASERS FOR VALUE, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Intro. by Hartsell.

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Bill summary

Amends GS 28A-2A-1 (concerning probate of will) to delete limitations on the validity of a will, and retains language stating the executor may admit a will for probate. Deletes all provisions of GS 31-39 (probate necessary to pass title; recordation in county where land lies; rights of innocent purchasers) and provides that a duly probated will is effective to pass title to real and personal property. Details circumstances when a will does or does not pass title to property as against lien creditors or purchasers for valuable consideration. Makes conforming changes.