28A-18-5. When creditors may sue on claim; execution in such action.
An action may be brought by a creditor against the personal representative or collector on a demand at any time after it is due, but no execution shall issue against the personal representative or collector on a judgment therein against the personal representative or collector without leave of the court, upon notice of 20 days and upon proof that the defendant has refused to pay such judgment or its ratable part, and such judgment shall be a lien on the property of the estate of the decedent only from the time of such leave granted. (1868-9, c. 113, s. 82; Code, s. 1509; Rev., s. 162; C.S., s. 166; 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.