28A-19-12. Claims due representative not preferred.
No property or assets of the decedent shall be retained by the personal representative or collector in satisfaction of the personal representative's or collector's own claim, in preference to others of the same class. Prior to payment of the personal representative's or collector's own claim the personal representative or collector shall receive written approval of the clerk of superior court. If the clerk does not approve the claim the personal representative or collector may refer the claim as a disputed claim under the provisions of G.S. 28A-19-15. The provisions of G.S. 28A-19-1 and G.S. 28A-19-3 shall not apply to such claims and the personal representative or collector may present the personal representative's or collector's own claim at any time prior to the filing of the personal representative's or collector's final account. (1868-9, c. 113, s. 28; Code, s. 1420; Rev., s. 89; C.S., s. 96; 1973, c. 1329, s. 3; 1979, c. 525, s. 4; 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.