Bill Summary for S 532 (2019-2020)

Summary date: 

Apr 2 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 532 (Public) Filed Tuesday, April 2, 2019
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 HAVE BEEN 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, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Intro. by Edwards.

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Bill summary

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-6-1 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 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 will'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 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.

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