§ 28A-3-2. Proceedings to determine venue. - North Carolina Statutes

§28A‑3‑2.  Proceedings to determine venue.

(a)        If proceedings arecommenced in more than one county or if upon commencement of a proceeding aquestion arises as to the proper county of venue, or if for any other reason adelay arises in determining venue, then the matter shall be referred by theclerk of superior court before whom the question arises for a hearing beforeand determination by the senior resident superior court judge or any judgeassigned to hold the superior courts of the district which includes the countywhere the proceedings were first commenced. The judge shall determine which isthe proper county for administration of the estate and stay proceedings in allother counties. He shall make such orders as are necessary to transfer the entireproceedings to the proper county. The clerk of superior court of each county inwhich proceedings are stayed shall retain a true copy of the entire file andtransmit the original to the clerk of superior court of such county as thejudge directs.

(b)        A proceeding shallbe deemed commenced by the offering of a will for probate or by applying forletters of administration as provided by G.S. 28A‑6‑1 through 28A‑6‑5or by applying for letters of collection as provided by G.S. 28A‑11‑1through 28A‑11‑4 and the proceeding first legally commenced shallextend to all of the property or assets of the decedent in this State. (1973,c. 1329, s. 3; 1975, c. 19, s. 7.)