28A-18-8. Action to continue, though letters revoked.
In case the letters of a personal representative or collector are revoked, pending an action to which the personal representative or collector is a party, the adverse party may, notwithstanding, continue the action against the personal representative or collector in order to charge the personal representative or collector personally. If such party does not elect so to do, within six months after notice of such revocation, the action may be continued against the successor of the personal representative or collector in the administration of the estate, in the same manner as in case of death. (1868-9, c. 113, s. 85; Code, s. 1514; Rev., s. 165; C.S., s. 169; 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.