§ 31-12. Executor may apply for probate. - North Carolina Statutes

Article5.

Probate of Will.

§ 31‑12.  Executor mayapply for probate.

Any executor named in a willmay, at any time after the death of the testator, apply to the clerk of thesuperior court, having jurisdiction, to have the same admitted to probate. Suchwill shall not be valid or effective to pass real estate or personal propertyas against innocent purchasers for value and without notice, unless it isprobated or offered for probate within two years after the death of thetestator or devisor or prior to the time of approval of the final account of aduly appointed administrator of the estate of the deceased, whichever time isearlier. If such will is fraudulently suppressed, stolen or destroyed, or hasbeen lost, and an action or proceeding shall be commenced within two years fromthe death of the testator or devisor to obtain said will or establish the sameas provided by law, then the limitation herein set out shall only begin to runfrom the termination of said action or proceeding, but not otherwise. (C.C.P.,s. 439; Code, s. 2151; Rev., s. 3122; 1919, c. 15; C.S., s. 4139; 1921, c. 99;1923, c. 14; 1953, c. 920, s. 2; 1975, c. 300, s. 13.)