Bill Summary for S 846 (2011-2012)
May 21 2012
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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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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.