§ 31-18.1. Manner of probate of attested written will. - North Carolina Statutes

§31‑18.1.  Manner of probate of attested written will.

(a)        An attested writtenwill, executed as provided by G.S. 31‑3.3, may be probated in thefollowing manner:

(1)        Upon the testimonyof at least two of the attesting witnesses; or

(2)        If the testimony ofonly one attesting witness is available,  then

a.         Upon the testimonyof such witness, and

b.         Upon proof of thehandwriting of at least one of the attesting witnesses who is dead or whosetestimony is otherwise unavailable, and

c.         Upon proof of thehandwriting of the testator, unless he signed by his mark, and

d.         Upon proof of suchother circumstances as will satisfy the clerk of the superior court as to thegenuineness and due execution of the will; or

(3)        If the testimony ofnone of the attesting witnesses is available, then

a.         Upon proof of thehandwriting of at least two of the attesting witnesses whose testimony isunavailable, and

b.         Upon compliance withparagraphs c and d of subsection (a)(2) of this section; or

(4)        Upon a showing thatthe will has been made self‑proved in accordance with the provisions ofG.S. 31‑11.6.

(b)        Due execution of awill may be established, where the evidence required by subsection (a) isunavoidably lacking or inadequate, by testimony of other competent witnesses asto the requisite facts.

(c)        The testimony of awitness is unavailable within the meaning of this section when the witness isdead, out of the State, not to be found within the State, insane or otherwiseincompetent, physically unable to testify or refuses to testify. (1953,c. 1098, s. 12; 1977,  c. 795, s. 2; 1979, c. 107, s. 4.)