Bill Summary for S 648 (2025-2026)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO MODIFY PROVISIONS AFFECTING THE COURTS OF NORTH CAROLINA AND THE ADMINISTRATIVE OFFICE OF THE COURTS.Intro. by B. Newton, Britt, Daniel.
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Bill summary
Section 1.
Includes High Point University School of Law in the recipient list of the state appellate division reports required by GS 7A-343.1.
Section 2.
Replaces reference to “drug treatment” courts with “local judicially managed accountability” courts in GS 7A-801 (goals of the Local Judicially Managed Accountability and Recovery Court Act). Just refers to "local judicially managed accountability courts” instead of “local judicially managed accountability courts funded under/pursuant to this Article” in GS 7A-792 and GS 7A-793.
Effective August 1, 2025.
Section 3.
Prevents a form issued by the Administrative Office of the Courts (AOC) under GS 7A-232 from being modified in a way that maintains an appearance that the form was promulgated by AOC. Requires attorneys or parties modifying AOC forms to clearly notate that the form was changed and how it was changed. Applies to modified forms used on or after the act becomes law.
Section 4.
Repeals the courthouse posting of public notice of name change requirement under GS 101-2. Requires that a name change matter remain confidential if an applicant is either (1) a participant in the address confidentiality program under GS Chapter 15C or (2) provides evidence (as described) that the applicant is a victim of domestic violence, sexual offense, or stalking. Effective December 1, 2025, and applies to all applications for a name change pursuant to GS Chapter 101 filed on or after that date.
Section 5.
Clarifies that no bond is required for a bank or trust company licensed to do business in the State and that has powers or privileged granted in its charter to serve as a guardian for it to receive its ward’s property under GS 35A-1230. Allows a bond required for letters of guardianship to also be approved by a notary public under GS 35A-1231. Limits the guardian’s filings required under GS 35A-1261 to inventories (currently, inventories or accounts). Increases the ways a guardianship can be terminated under GS 35A-1295 to include when the court has transferred the guardianship to another state. Makes technical changes. Effective December 1, 2025.
Section 6.
Replaces reference to “coverture” with “marriage” under GS 29-30, concerning the election of surviving spouse to take life interest in lieu of intestate share provided. Now requires a commission instead of a jury in such cases. Replaces references to “citizen” with “resident” under GS 28A-2A-15 (certified copies of wills provided in another state or country) and GS 28A-2A-17 (recording of will of nonresident). Enlarges the timeframes governing an implied renunciation by an executor under GS 28A-5-1 (renunciation by executor) from fifteen to twenty days. Extends the provisions governing what estate accounts filed with the clerk of superior court must contain to include those filed with an assistant clerk of court under GS 28A-2-2. Makes technical changes. Modifies the requirement pertaining to recording of a will in each county where the decedent had real property when the will is admitted to probate to clarify that the petitioner must affirm that the will will be recorded in those counties once it is admitted to probate as part of the petition for probate in GS 28A-28-2 (currently, must affirm that the will has been recorded). Makes technical changes. Requires a copy of a probated will in order for the Department of Motor Vehicles (DMV) to effect the transfer of a motor vehicle upon presentment of a will or other estate document in GS 20-77 (currently, just have the option of presenting a will). Changes the person who may executive an affidavit and transfer the interest in a motor vehicle of the decedent’s minor or incompetent children where such minor or incompetent does not have a guardian from the surviving spouse to the surviving parent of a minor or incompetent. Makes clarifying changes.
Clarifies in GS 31-11 (depositories where living persons may file their will) that the will that should be filed by a living testator, or agent or attorney thereof is the original paper will. Instructs the clerk not to receive any will for its receptacle from any agent or attorney once the testator has died. Directs that once the clerk has received proof of death, that the office is authorized to allow the will be made open for inspection by any person interested in the testator’s estate until the will is offered for probate. Instructs the clerk to retain the original paper will until withdrawn, filed in the deceased testator's estate file, or once 60 years have passed since the will was originally deposited with the clerk. If after 60 years the will has not been withdrawn or filed in the deceased testator's estate file, explains that the clerk is authorized to comply with records retention rules for deposited wills set by the Director of AOC. Makes technical and clarifying changes.
Effective December 1, 2025.
Section 7.
Enacts GS 7A-47.4, instructing that when the Chief Justice assigns a resident judge, special judge, or emergency judge to preside over a specific case, the assigned judge has the same power and authority over the assigned case as that of a regular judge over matters arising in the regular judge's district or set of districts (defined).
Section 8.
Makes technical change by removing reference to statute that is part of repealed GS Chapter 28 from GS 28C-10 (claims against an absentee).
Section 9.
Only requires the clerk to require service by law enforcement of ex parte domestic violence orders (GS 50B-2) or petitions for contempt for violations of any order pertaining to domestic violence (GS 50B-4) if the person to be served is in the State. Makes conforming changes. Applies to service of process occurring on or after December 1, 2025.
Section 10.
Expands the proceedings where an order for nonsecure custody may be issued in GS 7B-1903 to include criminal proceedings (currently just delinquency proceedings). Makes conforming changes to allow the court to examine criminal charging documents. Allows for an initial order for secure custody to be issued under GS 7B-1904 when the superior court has ordered the removal of a case to juvenile court, with copies provided as described. Requires the described copies to be provided to the specified persons if the order is for nonsecure custody, the official executing the order shall also give a copy of the order. Specifies in GS 15A-960, that if the superior court removes the case to juvenile court for adjudication and the juvenile has been granted pretrial release, the obligor shall be released from the juvenile's bond upon the superior court's review of whether the juvenile will be placed in secure custody. Expands the occurrences that terminate an obligor’s bond obligations to include the court's review of a juvenile's secure or nonsecure custody status pursuant to remand under GS 7B-2603 (right to appeal transfer decisions) or the removal under GS 15A-960 for disposition as a juvenile case. Effective December 1, 2025, and applies to proceedings occurring on or after that date.
Section 11.
Provides for copies of an inpatient involuntary commitment order for reasons of mental illness to be sent to the persons described in GS 122C-271 by no less than 48 hours after the hearing. Provides for copies of an inpatient involuntary commitment order for reasons of substance abuse to be sent to the persons described in GS 122C-287 by the most reliable and expeditious means. Applies to orders issued on or after the act becomes law.
Section 12.
Expands the reasons a judge may be unavailable in proceedings for judicial settlement to include their retirement in GS 1-283. Applies to actions taken on or after the act becomes law.
Section 13.
Sets forth a procedure for the suspension, removal, and reinstatement of a clerk of the superior court (currently procedures applicable to superior court district attorney apply in such cases), in GS 7A-105 as described. Requires a filing fee. Provides for a pre-hearing probable cause determination on whether the allegations should be dismissed. Authorizes the reviewing judge to suspend the clerk but requires that the suspension be with pay until the matter is resolved. Allows for the procedure to be stalled by the presiding judge if criminal charges are filed against the clerk. Makes organizational changes. Applies to proceedings based upon clerk conduct occurring on or after the act becomes law.
Section 14.
Modifies the number of judges that the Chief Justice may designate as a special business judge from one or more to up to six in complex business cases and makes technical changes to GS 7A-45.3. Enlarges the mandatory designations of complex business cases in GS 7A-45.4 to include (1) an appeal of a decision of the North Carolina Oil and Gas Commission concerning trade secret or confidential information and (2) those cases or groups of cases designated by the Chief Justice as a “complex business.” Requires a notice of designation to also be filed by any defendant contemporaneously with the filing of a counterclaim, cross-claim, or third-party claim giving rise to designation that would give rise to a complex business designation. Makes technical changes. Makes conforming changes to GS 113-391.1. Effective December 1, 2025, and applies to judges designated and proceedings held on or after that date.
Section 15.
Expands the AOC Director’s duties under GS 7A-343 to including adopting and copywriting an official flag, seal, and other emblems appropriate in connection with the management and operation of the judicial branch, as described.
Section 16.
Removes provisions in GS 7A-171 that specify that the number of magistrates appointed in a county, above the minimum quota set by the General Assembly, is determined by the Administrative Office of the Courts after consultation with the chief district court judge for the district in which the county is located.
Section 17.
Removes the requirement that the State Auditor approve alternative methods for payment of juror fees, witness fees, and other small expense items under GS 7A-301, and adds that those allowable alternative payment procedures include providing debit cards to payees.
Section 18.
Contains severability clause.