SB 778 — Amends Probate/Trusts/Wills Choice of Law.

FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA MaySESSION 30,2017 2018S S.B.1 SENATE BILL 778 Short Title:

778 SESSION 2017 PRINCIPAL CLERK S D SENATE BILL DRS15291-MNz-17B Short Title:

Rules and Operations of the Senate May 31, 2018 A BILL TO BE ENTITLED AN ACT (I) TO REQUIRE THAT, IN A LIVING PROBATE PROCEEDING, THE ORIGINAL WILL BE INTRODUCED AS EVIDENCE RATHER THAN BEING ATTACHED TO THE INITIAL PETITION, (II) TO PERMIT THE USE OF "MINOR" OR "18+" OR "ADULT" IN PLACE OF THE ACTUAL AGE OF AN HEIR OR DEVISEE IN AN APPLICATION FOR LETTERS OF ADMINISTRATION OR LETTERS TESTAMENTARY, (III) TO ADJUST THIS STATE'S STATUTES DEALING WITH OUT-OF-STATE WILLS RECOGNIZED IN THIS STATE ON THE BASIS OF COMPLIANCE WITH THE LAW OF THE STATE OF EXECUTION IN ORDER TO CONTINUE THE REQUIREMENT THAT THE TESTATOR BE PHYSICALLY PRESENT IN THAT STATE AT THE TIME OF THE WILL'S EXECUTION, (IV) TO PROVIDE FOR NOTICE THAT TENANCY BY THE ENTIRETIES PROPERTY TRANSFERRED TO A TENANCY BY THE ENTIRETIES TRUST REMAINS IMMUNE TO THE CLAIMS OF ONE SPOUSE'S INDIVIDUAL CREDITORS AND TO SPECIFY THAT A PERSON ENTERING INTO A TRANSACTION INVOLVING THE PROPERTY MAY OBTAIN CONFIRMATION FROM THE TRUSTEE THAT THE PROPERTY CONTINUES TO QUALIFY FOR THIS IMMUNITY, AND (V) TO MAKE TECHNICAL CORRECTIONS TO THE AFFECTED STATUTES AND TO THE NORTH CAROLINA UNIFORM POWER OF ATTORNEY ACT, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

*DRS15291-MNz-17B**S778-v-1* General Assembly Of North Carolina Session 2017 If no interested party contests the validity of the will or codicil and if the clerk of superior court determines that the will or codicil would be admitted to probate if the petitioner were deceased, the clerk of superior court shall enter an order adjudging the will or codicil to be valid.

Page 2 DRS15291-MNz-17BSenate Bill 778-First Edition General Assembly Of North Carolina Session 2017 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 (i) its any of the following apply:

DRS15291-MNz-17BSenate Bill 778-First Edition Page 3 General Assembly Of North Carolina Session 2017 (2) A general guardian, guardian of the principal's estate, or guardian of the principal's person.

(1) If thepowerofattorneyhas been registeredin anofficeof theregisterofdeeds in this State, it shall be revoked by registration in that office by of an instrument of revocation revocation,includingasubsequent powerof attorney thatprovidesthatthepreviouspowerofattorneyis revokedorallotherpowers of attorney are revoked, executed and acknowledged by the principal while the principal is not incapacitated with proof of service on the agent in the Page 4 DRS15291-MNz-17BSenate Bill 778-First Edition General Assembly Of North Carolina Session 2017 manner prescribed for service under Rule 5 of the North Carolina Rules of Civil Procedure.

"NORTH CAROLINA DRS15291-MNz-17BSenate Bill 778-First Edition Page 5 General Assembly Of North Carolina Session 2017 STATUTORY SHORT FORM POWER OF ATTORNEY NOTICE:

(3) This Chapter applies to a judicial proceeding concerning a power of attorney commenced before January 1, 2018, unless the court finds that application of Page 6 DRS15291-MNz-17BSenate Bill 778-First Edition General Assembly Of North Carolina Session 2017 a provision of this Chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that the particular provision of this Chapter does not apply and the superseded law applies.

90-321, DRS15291-MNz-17BSenate Bill 778-First Edition Page 7 General Assembly Of North Carolina Session 2017 then life-prolonging measures may be withheld or discontinued upon the direction and under the supervision of the attending physician with the concurrence of the following persons, in the order indicated:

Page 8 DRS15291-MNz-17BSenate Bill 778-First Edition