N.C. Gen. Stat. » Chapter 7A
NC General Statutes

N.C. Gen. Stat. § 7A-241 (2026)

Original jurisdiction in probate and administration of decedents' estates

✓ current as of July 2026
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Exclusive original jurisdiction for the probate of wills and the administration of decedents' estates is vested in the superior court division, and is exercised by the superior courts and by the clerks of superior court as ex officio judges of probate according to the practice and procedure provided by law. (1965, c. 310, s. 1.)

 

Notes of Decisions
Cited in 19 cases, 1969–2020 · leading case: Matter of Est. of Adamee, 230 S.E.2d 541 (N.C. 1976).
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Matter of Est. of Adamee, 230 S.E.2d 541 (N.C. 1976). · cites it 9× “7A-240 and G.S. 7A-241 (1969) was “to take from the Clerk exclusive original jurisdiction of probate matters, to vest in the Clerk and the Superior Court concurrent jurisdiction of probate matters, and to provide for appeals from the Clerk directly to the judges of superior…”
Watson v. Joyner-Watson, 823 S.E.2d 122 (N.C. Ct. App. 2018). · cites it 8× “Pursuant to N.C. Gen. Stat. § 7A-241, the superior court maintains “[e]xclusive original jurisdiction for the probate of wills and the administration of decedents’ estates[.”
State v. Wagoner, 683 S.E.2d 391 (N.C. Ct. App. 2009). · cites it 4× “, N.C. Gen.Stat. §§ 7A-241 (2007) ("Exclusive original jurisdiction for the probate of wills and the administration of decedents' estates is vested in the superior court division[.”
Matter of Est. of Tucci, 380 S.E.2d 782 (N.C. Ct. App. 1989). · cites it 4× “That the testatrix and the surviving spouse separated and executed a Separation Agreement on or about November 18, 1983.”
Kimrey v. Dorsett (In Re Kimrey), 10 B.R. 466 (Bankr. M.D.N.C. 1981). · cites it 3× “N.C.G.S. § 7A-241 provides “exclusive and original jurisdiction for the probate of wills and the administration of the decedent’s estate is vested in the Superior Court Division.”
State Ex Rel. Pilard v. Berninger, 571 S.E.2d 836 (N.C. Ct. App. 2002). · cites it 2× “Defendants next argue the trial court erred when it denied their motion to dismiss the complaint for lack of subject matter jurisdiction. Specifically, defendants maintain plaintiffs’ action is actually a claim for a proper accounting and distribution of decedent’s assets and…”
Ingle v. Allen, 281 S.E.2d 406 (N.C. Ct. App. 1981). · cites it 2× “28A-2-1; see also G.S. 7A-241. Thus, it was improper to dismiss them from the trial division for want of subject matter jurisdiction.”
In Re the Est. of Whitaker, 633 S.E.2d 849 (N.C. Ct. App. 2006). · cites it 2× “Under N.C. Gen. Stat. § 7A-241 (2005), “[exclusive original jurisdiction for the probate of wills and the administration of decedents’ estates is vested in the superior court division, and is exercised by the superior courts and by the clerks of superior court as ex officio…”
Matter of Est. of Longest, 328 S.E.2d 804 (N.C. Ct. App. 1985). “*390 Although G.S. 7A-241 provides that exclusive original jurisdiction in probate matters is vested in the “superior court division,” G.”
Smith v. Rodgers, 824 S.E.2d 155 (N.C. Ct. App. 2019). · cites it 2× “]" N.C. Gen. Stat. § 7A-241 (2017). Under the auspice of the superior court, the personal representative of a decedent's estate "must follow the requirements of Chapter 28A, which include .”
In re the Est. of Adamee, 221 S.E.2d 370 (N.C. Ct. App. 1976). · cites it 5× “” G.S. 7A-241 provides: “Exclusive original jurisdiction for the probate of wills and the administration of decedents’ estates is vested in the superior court division, and is exercised by the superior courts and by the clerks of superior court as ex officio judges of probate…”
In Re Will of Spinks, 173 S.E.2d 1 (N.C. Ct. App. 1970). “District courts are to be established in Randolph County on the first Monday in December 1970; therefore, the provisions of G.S. 7A-241, relating to the jurisdiction of the clerks of the superior court, and of G.”
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