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NC General Statutes

N.C. Gen. Stat. § 1-24 (2026)

Time during controversy on probate of will or granting letters

✓ current as of July 2026
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In reckoning time when pleaded as a bar to actions, that period shall not be counted which elapses during any controversy on the probate of a will or granting letters of administration, unless there is an administrator appointed during the pendency of the action, and it is provided that an action may be brought against him. (C.C.P., s. 47; Code, s. 168; Rev., s. 369; C.S., s. 414.)

 

Notes of Decisions
Cited in 5 cases, 1965–2018 · leading case: Honeycutt v. Weaver, 812 S.E.2d 859 (N.C. Ct. App. 2018).
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Honeycutt v. Weaver, 812 S.E.2d 859 (N.C. Ct. App. 2018). · cites it 12× “In the alternative, Tommy asserts that N.C. Gen. Stat. § 1-24 (2015) operated to stay the 10-year statute of limitations from 20 June 2013 to 2 May 2016-while Tommy's petition was pending with the clerk of court and no executor had been appointed to Margaret's estate-such that…”
Huggard v. Wake Cnty. Hosp. Sys., Inc., 403 S.E.2d 568 (N.C. Ct. App. 1991). · cites it 2× “§ 1-23 (when commencement of an action is stayed by injunction or prohibition); G.S. § 1-24 (effect of probate of will on running of statute).”
W.R. Co. v. North Carolina Prop. Tax Comm'n, 269 S.E.2d 636 (N.C. Ct. App. 1980). “61A, §§ 1-24 (West Supp. 1980); Minn. Stat. Ann.”
Hargrave v. Gardner, 141 S.E.2d 36 (N.C. 1965). “An adjudication that the paper writing is not the will of decedent would establish that Lillian E.”
Huggard v. Wake Cnty. Hosp. Sys., Inc., 403 S.E.2d 568 (N.C. Ct. App. 1991). · cites it 2× “§ 1-23 (when commencement of an action is stayed by injunction or prohibition); G.S. § 1-24 (effect of probate of will on running of statute).”
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