Senate committee substitute to the 2nd edition removes the content of the previous edition and replaces it with the following. Makes conforming changes to the act’s titles.
Section 1
Amends GS 48-2-304 by no longer requiring that the original and two copies of a petition for adoption be filed with clerk of court. Amend GS 48-9-102 to require copies of all records filed in connection with an adoption proceeding be made available by the clerk of superior court to the Division of Social Services (Division) of the Department of Health and Human Services (DHHS) within 10 days after the appeal period has expired or 10 days following the final disposition of an appeal. Allows copies to be made available through electronic transfer or by providing the Division with electronic access within the electronic filing and case management system. Also allows the Division to transmit it’s report of each adoption and name changes to the State Registrar electronically. Effective October 1, 2026.
Section 2
Amends GS 42-34.1 by adding that if a renter, who is a defendant appellant, previously filed an undertaking after appealing the magistrate’s judgment and continues to pay periodic rent required by the prior undertaking after the judgment from the district court, then the continued periodic payments towards this undertaking satisfy the bond provision and maintain the stay of execution during the 30-day time period for taking an appeal. Sets out the same allowance for when the judgment in district court is against the defendant appellant and the defendant appellant appeals the judgment.
Section 3
Amend GS 28A-8-2 by no longer requiring a bond that is secured by a first mortgage or first deed of trust to be in a form approved by the administrate officer of the courts.
Amends GS 35A-1230, concerning bonds required before a guardian can receive a ward’s property in specified circumstances, to require that a surety secured by cash be in an amount equal to the amount of the bond or by a mortgage this is executed under Article 74 of GS Chapter 58 (was, under GS Chapter 109).
Section 4
Amend GS 14-159.53 to allow an authorized property owner appealing a court order in a case for the removal of an authorized person to the district court to give notice of appeal orally in open court upon announcement or after a judgment is entered. If it is not announced in open court, requires written notice to be filed with the superior court clerk’s office within three busies days after the judgment is entered.
Amends GS 42A-25 to allow a tenant or landlord appealing a court order in an expedited eviction of residential property subject to a vacation rental agreement to give notice of appeal orally in open court upon announcement or after a judgment is entered. Requires when a judgement is not announced in open court for written notice to be given in the superior court clerk’s office within 10 days after judgement is entered.
Section 5
Amends GS 50-10 to allow the clerk of superior court, when requested by the plaintiff, to enter judgment in cases where the plaintiff’s only claim against the defendant is for absolute divorce, or absolute divorce and resumption of a former name, and the defendant failed to appear (was, defendant has been defaulted for failure to appear).
Section 6
Repeals GS 7A-343.6 which allowed the North Carolina Administrative Office of the Courts (AOC) to develop a program for electronic filing in GS Chapter 50B and GS Chapter 50C cases in district court.
Section 7
Amends GS 8B-8 to require the AOC Director to fix the fee for interpreters appointed to interpret proceedings in the General Courts of Justice. Effective October 1, 2026.
Section 8
Amends GS 7A-98 to make any matter required or allowed to be supported, evidenced, established, or proved in writing under oath or affirmation, if filed in the General Court of Justice (was, if filed electrically under rules developed by the Supreme Court under GS 7A-49.5) with like force and effect be supported, evidenced, established, or proved by an unsworn declaration in writing that the statement is true under penalty of perjury. Amends GS 8C-1, Rule 803(6) by amending the hearsay exception for records of regularly conducted activity to allow the testimony of the custodian or other qualified witness to be done by a certification that complies with GS 7A-98.
Section 9
Amends GS 7A-452 to require the clerk of superior court to make the complete trial division file in a case where an indigent person has entered notice of appeal and appellate counsel has been appointed, available to the appointed attorney via electronic access within the electronic filing and case management system. Also requires furnishing copies of digital storage media containing exhibits to the appointed attorney. Effective October 1, 2026.
Section 10
Amends GS 31-11 by amending who can deposit with the superior court clerk the will of a living person, to only include testator agents if they have sufficient authority under a power of attorney to deposit the will. Provides that the will is to remain in the clerk’s receptacle or depository until the will is offered for probate or filed with the clerk without probate. Makes conforming changes. Effective October 1, 2026.
Section 11
Updates statutory cross-references in GS 30-15 and GS 30-17.
Section 12
Amends GS 31-33 to require a caveat to be served on all interested parties in a manner allowed under GS 1A-1, Rule 4, without issuing a summons. Effective October 1, 2026.
Section 13
Amends GS 7B-536 by expanding the prevue of safe babies court to include families with at least one child no more than five (was, three) years of age involved in juvenile actions alleging abuse, neglect, or dependency. Effective October 1, 2026.
Section 14
Amends GS 9-1 by adding that if an appointment to a county jury commission is not made by September 1, then the incumbent must serve for an additional two-year term.
Amends GS 9-2 to require a master list of prospective jurors to be completed by November 15.
Amends GS 20-43.4 to adding a September 1 deadline for the Commissioner of Motor Vehicles’ list to the county jury commission of persons who are residents of the county, are age 18 or older as of January 1 of the following year, and are licensed to drive as of July 1 of each odd-numbered year, by September 1.
Section 14.1
Amends GS 143B-1278, concerning compensation for services related to veterans' benefits matters, by adding that the statute does not apply to, limit, or expand, the requirements imposed on agents, attorneys, or other representatives accredited and regulated by the US Department of Veterans Affairs or the NC Department of Military and Veterans Affairs.
Section 15
Amends GS 7B-2901 by adding that the statute does not prevent the presiding district court judge or designated judicial court staff from inspecting confidential juvenile court records in cases alleging abuse, neglect, or dependency, for purposes of discharging any obligation under GS Chapter 7B. Requires hearing records to be copied electronically or mechanically only when ordered by the court. Allows a person who is not authorized to examine a juvenile’s court record without a court order, who is seeking information in the file or court record, to file a motion in the cause setting out why the information is needed. Allows a district court judge, after giving the parties to the proceeding for which the records are sought reasonable notice and an opportunity to be heard, to issue an order to disclose information in the record upon finding that the order is appropriate under the circumstances and in the best interest of the juvenile.
Amends GS 7B-3506 to make all court records made in proceedings under Article 35, emancipation, confidential and not open to public inspection, except certificates of emancipation. Allows specified individuals to examine and obtain copies of the written court record without a court order.
Section 17
Makes GS 15A-151(a)(1) (which requires AOC to keep a confidential file for expungements containing the petitions granted under this Article and the names of those people for whom it received a notice under GS 15A‑150, and limits disclosure to when it is requested by a judge to ascertain whether a person charged with an offense has been previously granted a discharge or an expunction) applicable to all petitions granted under Article 5 of GS Chapter 15A that are maintained by AOC.
Section 18
Amends GS 7A-808 to allow the Conference of Clerks of Superior Court of North Carolina to employ an executive director (was, executive secretary).
Section 19
Amend GS 163-127.6 to allow an appeal of a decision made by a panel to hear a challenge to candidacy to be electronically filed. Requires that the written appeal be filed, delivered, or deposited in the mail according to the rules of appellate procedure by the end of the second business day after the written decision was filed. Effective October 1, 2026.
Section 20
Amends GS 1-110 as follows. Requires presenting to a superior court judge a motion to proceed as an indigent that is filed pro se by an inmate in the custody of any sheriff in the state. Requires an action to be dismissed if it is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks relief against a defendant who is immune from such relief. Adds that the proceeding is automatically stayed until the judge rules on the motion to proceed as indigent. Adds that when a motion to proceed as an indigent is filed pro se by any person or entity and the complaint is brought against a federal, state, or local government entity, or government employee in their official capacity, or government employee in their individual capacity but based on the employee's work for the government, the motion to proceed as an indigent and the complaint must be presented to any superior court judge of the judicial district. Requires the judge to decide if the complaint is frivolous and requires dismissal if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks relief against a defendant who is immune from such relief. Automatically stays the proceeding until the judge rules on the motion to proceed as indigent. Makes conforming changes.
Amends GS 7A-305 to allow a clerk of superior court to reject a filing that initiates an action that is not accompanied by the required fees until the filing includes a motion to proceed as indigent or if the filing is made by a county or municipality that pays costs under GS 7A-317.
Amends GS 7A-306 by removing the specified facilities fee and instead allows the clerk to reject a filing that does not include the fees required under the statute unless it is accompanied by a motion to proceed as indigent or if the filing is made by a county or municipality that pays costs under GS 7A-317.
Amends GS 7A-307 by amending the costs that are assessed for administration of the estates of decedents, minors, incompetents, of missing persons, in the administration of trusts under wills and under powers of attorney, in trust proceedings under GS 36C-2-203, in estate proceedings under GS 28A-2-4, in power of attorney proceedings under GS 32C-1-116(a), and in collections of personal property by affidavit, to allow where the clerk is required to assess the fee in GS 7A-307(a)(1), the fee in GS 7A-307(a)(1a), and the $106 fee in GS 7A-307(a)(2), for the clerk to reject a filing that is not accompanied by these fees, unless the filing is accompanied by a motion to proceed as indigent, or the filing is made by a county or municipality that pays costs in accordance with GS 7A-317. Allows a Public Administrator or Public Guardian to delay paying the required fees described until filing the inventory or first accounting.
Amends GS 7A-308 to allow a clerk to reject a filing that does not include the fees required under the statute unless it is made by a county or municipality paying costs according to GS 7A-317.
Effective October 1, 2026.
Section 21
Amends GS 7A-47.3 to require that the Chief Justice of the Supreme Court, when assigning superior court judges for a district consisting of at least one county with a population over 1 million, to include superior court judges from: (1) other districts in that same judicial division and (2) districts from any judicial division adjacent to the district consisting of at least one county with a population over 1 million. Limits how often a superior court judge from an adjacent division may be assigned under this provision to one six-month term every five years, except with the judge’s consent.
Section 22
Amends GS 7A-300.1 to allow AOC to contract with the governing bodies of cities and counties to provide local funds to supplement the salaries for magistrates.
Section 25
Amends GS 7A-305 by adding that for the specified civil actions, the listed fees are recoverable by the prevailing party who paid for them.
Section 26
Requires AOC to consult with the Office of Indigent Defense Services (IDS) and do the following by March 1, 2027: (1) report on the processes to enforce correction of errors in global party records in Enterprise Justice and update records of civil judgements owed to the State; and (2) identify any potential legislative changes that would facilitate speedy correction of erroneous court records and to enforce requirement of judicial finding of indigency before appointing counsel. Requires IDS to study the location of duty stations for employees of the Office of Capital Defender, review use of all leased office space by all IDS employees stationed in Durham, and report to the NCGA by March 1, 2027, on any costs savings that might result by reducing the footprint of leased office space.
Section 27.1
Amends GS 30-3.4, procedure for determining the elective share. Require that the summons and claims in the petition relate back to the date of the filing of the petition. Specifies that the requirement that a summons be issued within five days of the filing of the petition set out in GS 1A-1, Rule 4(a) does not apply. Makes other technical and organizational changes.
Section 27.4
Amends GS 36C-6-606, concerning revocation of provisions in revocable trust by divorce or annulment by specifying that the statute does not apply to a revocable trust if the settlor executes a subsequent valid amendment to the revocable trust which makes express reference to the revocable trust.
Bill Summaries: H377 2026 COURT CHANGES. (NEW)
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Bill H 377 (2025-2026)Summary date: May 20 2026 - View SummaryCourts/Judiciary, Civil, Civil Law, Civil Procedure, Family Law, Juvenile Law, Abuse, Neglect and Dependency, Motor Vehicle, Court System, Administrative Office of the Courts, Criminal Justice, Criminal Law and Procedure, Development, Land Use and Housing, Property and Housing, Government, State Agencies, Department of Military & Veterans Affairs, Military and Veteran's Affairs, Transportation
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Bill H 377 (2025-2026)Summary date: Mar 25 2025 - View Summary
House committee substitute makes the following changes to the 1st edition.
Part I.
Changes the effective date of the act’s amendments to GS 31-11 (concerning depositories in offices of clerks of superior court) so that it applies to electronic wills executed on or after January 1, 2026, and it further applies to attested written wills converted to electronic wills on or after January 1, 2026, regardless of the date of execution of the attested written will. It otherwise applies immediately to all wills deposited with the clerk at any time prior to January 1, 2026. Makes technical change.
Part IV.
Changes the effective date of the act’s amendments to GS 28A-25-6 (payment to clerk of money owed decedent) to when the act becomes law (was, January 1, 2026). Makes conforming changes to the remainder of the effective date.
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Bill H 377 (2025-2026)Summary date: Mar 11 2025 - View Summary
Part I
Enacts Article 11 to GS Chapter 31, named the “North Carolina Electronic Uniform Electronic Wills Act (Act).” Establishes that an electronic will is a valid will in the State subject to State laws and principles of equity applicable to wills. Makes conforming change to GS 31-3.2 (kinds of wills) to list electronic wills. Requires an electronic will to be recorded in electronic form and readable as text at the time of signing, be signed by the testator, and be attested to by at least two competent witnesses. Specifies rules for revoking an electronic will. Sets out requirements under which an electronic will may be self-proved. Permits creating certified paper copies of an electronic will by a sworn certification attached to the will or by attaching the affidavits of self-proof at the time of the execution of the will. Specifies that the certified paper copy of an electronic will, but not the electronic will itself, may be probated. Provides for conversion of an attested written will to an electronic will. Amends GS 28A-2A-8 (pertaining to probate of wills) to establish a procedure for probate of an electronic will. Makes conforming changes to refer to certified paper copies of an electronic will in GS 28A-2B-1 (pertaining to establishment before death the validity of a will or codicil), GS 28A-2B-3 (pertaining to the contents of a petition for will validity), and GS 31-11 (pertaining to depositories in offices of the clerk of superior court). Makes other conforming and technical changes to those statutes. Makes conforming changes to GS 31-3.1.
Requires that uniformity amongst the states must be given consideration in applying and construing the Act. Sets forth the following definitions: electronic, electronic will, record, sign, and state. Requires the Revisor of Statutes to print as annotations to the statute all relevant portions of the official comments to the Uniform Electronic Wills Act and all explanatory comments of the drafters of this act as the Revisor may deem appropriate.
Effective January 1, 2026, and applies to electronic wills executed on or after that date and to attested written wills converted to electronic wills on or after that date, regardless of the date of execution of the attested written will.
Part II
Amends GS 30-3.3A (valuation of partial and contingent interests in property passing to a surviving spouse) as follows. Requires the terms of a trust to substantially meet the listed requirements in form and content (currently, just requires the trust terms to meet the listed requirements). Expands the types of trustees that control the trust during the surviving spouse’s lifetime. Allows the trust to authorize or require the trustee to also take assets (currently, just income and other means of support) into account. Specifies required language that the trust must contain pertaining to distribution of the income and principal. Makes clarifying and technical changes.
Amends GS 30-3.4 (procedure for determining the elective share), as follows. Removes the requirement that surviving spouse must mail or deliver a copy of the petition to the estate as a requirement for asserting a claim for elective share. Requires petition to be verified. Directs that an elective share proceeding is an estate proceeding to be conducted in line with Article 2 of GS Chapter 28A, except as modified or supplemented as described.
Applies to claims for elective share filed on or after January 1, 2026.
Part III
Amends GS 36C-6-604 (limitation on action contesting validity of revocable trust, distribution of trust property), as follows. Makes technical changes. Directs trustee to not distribute trust property to any beneficiary in contravention of the rights of any person who may be affected by the outcome of a pending or possible judicial proceeding if, at the time the distribution is made: (1) the trustee knows of a pending judicial proceeding pertaining to the validity of the trust or contesting he identity of beneficiaries, or (2) a potential contestant has notified the trustee in writing of a possible judicial proceeding to contest the validity of terms of the trust or to contest the identity of the beneficiaries eligible to receive distribution therefrom, and a judicial proceeding is commenced within 60 days after the contestant sent the notification. Expands those matters that prevent the trustee from distributing trust property to judicial proceedings or contestants challenging the identity of the beneficiaries eligible to receive distributions from the trust. Specifies that the trustee’s failure to comply with the above constitutes breach of trust. Provides for distribution of assets to beneficiaries upon motion, with notice to the interested parties upon court order. Expands the conditions upon which a beneficiary must return trust property to include when their interest in a trust has been determined to be invalid (currently, just when the trust has been determined to be invalid). Specifies that if the beneficiary refuses to return the distribution after being ordered by the court, the beneficiary is liable for all costs incurred for recovery of the distribution, including attorneys' fees. Applies to settlors dying on or after January 1, 2026.
Part IV
Amends GS 30-15 (spousal allowances) as follows. Creates an exception for when the spousal allowance takes priority over a child’s allowance that occurs if a surviving spouse entitled to an allowance fails to file a petition for an allowance within six months after the date of death of the decedent and an eligible person files a petition for a child's allowance before the spouse files a petition for an allowance. Specifies that a proceeding for a spouse’s allowance will be an estate proceeding governed by Article 2 of GS Chapter 28A. Makes conforming changes.
Amends GS 30-17 (child’s allowance) by amending the order of priority for the person entitled to file a petition on behalf of the child for a child's allowance, so that first priority is given to the child, if the child is at least 18 years old or an emancipated minor at the time the petition is filed. Specifies that a proceeding for a child’s allowance will be an estate proceeding governed by Article 2 of GS Chapter 28A. Removes the clerk’s discretion under GS 30-20(c) to on its own motion, determine that a hearing is necessary to determine whether a year’s allowance should be awarded to the children of an estate under GS 30-20 (procedure for assignment).
Removes references to “GS 30-20(c)” and replaces those references with references to “contested case proceedings commenced by the petitioner or by order of the clerk joining respondents to the proceeding” in standing provisions in GS 30-23.1 (contested case proceedings regarding allowance). Makes conforming and clarifying changes.
Amends GS 28A-25-6 (payment to clerk of money owed decedent) as follows. Provides in (f) that if no administrator has been appointed, the clerk of superior court must upon motion of the clerk or application of an interested party, disburse the money received under this statute for the following purposes and in the following order: (1) to pay the surviving spouse's year's allowance and children's year's allowance assigned in accordance with law, except that if (1) it has been greater than six months since the date of death of the decedent and (2) there has been no petition filed and assignment of a spouse's or child's year's allowance, the clerk may disburse the money in accordance with the other provisions of (f) (which requires all other claims to be disbursed according to the order set out in GS 28A-19-6). Clarifies that after the death of a the decedent (currently, spouse who died intestate) and after the disbursements have been made, the balance in the clerk's hands belonging to the estate of the decedent will be paid to the surviving spouse, and if there is no surviving spouse, the clerk will pay it to the heirs or beneficiaries (currently, just heirs) in proportion to their respective interests. Makes technical changes. Applies to petitions filed on or after January 1, 2026.