28A-19-11. Pleading statute of limitations.
When claims are not barred pursuant to G.S. 28A-19-3, it shall be within the discretion of the personal representative or collector acting in good faith to determine whether or not any applicable statute of limitations shall be pleaded to bar a claim which the personal representative or collector believes to be just. The personal representative's or collector's admission of such claim or the personal representative's or collector's decision not to plead the statute in an action brought on the claim shall, in the absence of any showing of collusion or bad faith, be binding on all persons interested in the estate. (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 19 - Claims against the Estate.
§ 28A-19-1 - Manner of presentation of claims.
§ 28A-19-2 - Further information or affidavit of claim may be required.
§ 28A-19-3 - Limitations on presentation of claims.
§ 28A-19-4 - Payment of claims and charges.
§ 28A-19-5 - Contingent or unliquidated claims.
§ 28A-19-6 - Order of payment of claims.
§ 28A-19-7 - Satisfaction of claims other than by payment.
§ 28A-19-8 - Funeral expenses of decedent.
§ 28A-19-9 - Gravestone and burial place authorized.
§ 28A-19-10 - Perpetual care of cemetery lot.
§ 28A-19-11 - Pleading statute of limitations.
§ 28A-19-12 - Claims due representative not preferred.
§ 28A-19-13 - No preference within class.
§ 28A-19-14 - Claims not due rebated.
§ 28A-19-15 - Disputed claim may be referred.
§ 28A-19-16 - Disputed claim not referred barred in three months.
§ 28A-19-17 - No lien by suit against representative.