N.C. Gen. Stat. » Chapter 31
NC General Statutes

N.C. Gen. Stat. § 31-3.1 (2026)

Will invalid unless statutory requirements complied with

✓ current as of July 2026
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No will is valid unless it complies with the requirements of this Chapter.  (1953, c. 1098, s. 2; 2025-33, s. 8.5.)

 

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1991–2026 · leading case: In Re the Will of Priddy, 614 S.E.2d 454 (N.C. Ct. App. 2005).
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In Re the Will of Priddy, 614 S.E.2d 454 (N.C. Ct. App. 2005). · cites it 4× “N.C. Gen. Stat. § 31-3.1 (2003). Propounder has the initial burden of proof and must show that the paper-writing in question was executed with the proper formalities required by N.”
In Re the Purported Will of Shepherd, 761 S.E.2d 221 (N.C. Ct. App. 2014). · cites it 2× “N.C. Gen. Stat. § 31-3.1 . “[T]he [c]lerk of the [s]uperior [c]ourt has the sole power in the first instance to determine whether a decedent died testate or intestate, and if he died testate, whether the script in dispute is his will.”
Leggett v. Rose, 776 F. Supp. 229 (E.D.N.C. 1991). · cites it 2× “2d 352 (1940), N.C.Gen.Stat. § 31-3.1. However, Leggett contends that this failed codicil should be viewed as a contract to devise and, therefore, should be held to have conveyed the remaining 49% ownership in the vessels to Leggett.”
In re: Greenamyer (N.C. Ct. App. 2026). · cites it 2× “3 governs the requirements for executing an attested will and states in full: (a) An attested written will is a written will signed by the testator and attested by at least two competent witnesses as provided by this section.”
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