§ 31-18.3. Manner of probate of nuncupative will. - North Carolina Statutes

§31‑18.3.  Manner of probate of nuncupative will.

(a)        No nuncupative willmay be probated later than six months from the time it was made unless it wasreduced to writing within 10 days after it was made.

(b)        Before anuncupative will may be probated

(1)        Written notice mustbe given to the surviving spouse, if any, and to the next of kin, by the clerkof the court in which it is to be probated, notifying them that the will hasbeen offered for probate and that they may, if they desire, oppose the probatethereof, or

(2)        When the survivingspouse or next of kin are not known or when for any other reason such noticecannot be given, a notice to the same effect must be published not less thanonce a week for four consecutive weeks in some newspaper published in thecounty where the will is offered for probate, or if no newspaper is publishedin the county, then in some newspaper having general circulation therein.

(c)        A nuncupative willmay be probated only in the following manner:

(1)        Upon the testimonyof at least two competent witnesses who establish the terms of such will andwho state that they were simultaneously present at the making thereof, that thetestator declared he was then making his will, and that they were then andthere specially requested by him to bear witness thereto; and

(2)        Upon the testimonyof one competent witness, who may but need not be one of the witnesses referredto in subdivision (1) of this subsection, that the will was made in thetestator's last illness or while he was in imminent peril of death, and that hedid not survive such sickness or imminent peril, but it is not necessary thatall such facts be proved by the testimony of the same witness. (1953,c. 1098, s. 12.)