28A-15-3. Nonexoneration of encumbered property.
When real or personal property subject to any lien or security interest, except judgment liens, is specifically devised, the devisee takes the property subject to the encumbrance and without a right to have other assets of the decedent applied to discharge the secured obligation, unless an express provision of the will confers such right of exoneration. A general testamentary direction to pay the debts of the decedent is not sufficient to confer such right. (1973, c. 1329, s. 3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 28A - Administration of Decedents' Estates
Article 15 - Assets; Discovery of Assets.
§ 28A-15-1 - Assets of the estate generally.
§ 28A-15-2 - Title and possession of property.
§ 28A-15-3 - Nonexoneration of encumbered property.
§ 28A-15-4 - Encumbered assets.
§ 28A-15-5 - Order in which assets appropriated; abatement.
§ 28A-15-6 - Federal income tax refunds joint returns.
§ 28A-15-7 - Federal income tax refunds separate returns.
§ 28A-15-8 - State income tax returns.
§ 28A-15-10 - Assets of decedent's estate for limited purposes.
§ 28A-15-11 - Debt due from personal representative not discharged by appointment.
§ 28A-15-12 - Actions to recover property of decedent.
§ 28A-15-13 - Opening and inventory of decedent's safe-deposit box.