28A-18-3. To sue or defend in representative capacity.
All actions and proceedings brought by or against personal representatives or collectors upon any cause of action or right to which the estate of the decedent is the real party in interest, must be brought by or against them in their representative capacity. (1868-9, c. 113, s. 79; Code, s. 1507; Rev., s. 160; C.S., s. 164; 1973, c. 1329, s. 3.)
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.