28A-18-1. Survival of actions to and against personal representative.
(a) Upon the death of any person, all demands whatsoever, and rights to prosecute or defend any action or special proceeding, existing in favor of or against such person, except as provided in subsection (b) hereof, shall survive to and against the personal representative or collector of the person's estate.
(b) The following rights of action in favor of a decedent do not survive:
(1) Causes of action for libel and for slander, except slander of title;
(2) Causes of action for false imprisonment;
(3) Causes of action where the relief sought could not be enjoyed, or granting it would be nugatory after death. (1868-9, c. 113, ss. 63, 64; Code, ss. 1490, 1491; Rev., ss. 156, 157; 1915, c. 38; C.S., ss. 159, 162; 1965, c. 631; 1973, c. 1329, s. 3; 2011-344, s. 4.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 28A - Administration of Decedents' Estates
Article 18 - Actions and Proceedings.
§ 28A-18-1 - Survival of actions to and against personal representative.
§ 28A-18-2 - Death by wrongful act of another; recovery not assets.
§ 28A-18-3 - To sue or defend in representative capacity.
§ 28A-18-4 - Service on or appearance of one binds all.
§ 28A-18-5 - When creditors may sue on claim; execution in such action.
§ 28A-18-6 - Service by publication on executor without bond.