A will is valid if it meets the requirements of the applicable provisions of law in effect in this State either at the time of its execution or at the time of the death of the testator, or if any of the following apply:

(1)        The will’s execution complied with the law of the jurisdiction in which the testator was physically present at the time of execution.

(2)        Its execution complied with the law of the place where the testator was domiciled at the time of execution or at the time of death.

(3)        It is a military testamentary instrument executed in accordance with the provisions of 10 U.S.C. § 1044d or any successor or replacement statute. ?(1953, c. 1098, s. 14; 2013-91, s. 1(g); 2019-178, s. 3(b).)

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Terms Used In North Carolina General Statutes 31-46

  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Statute: A law passed by a legislature.
  • Testator: A male person who leaves a will at death.
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