28A-19-15. Disputed claim may be referred.
If the personal representative doubts the justness of any claim so presented, the personal representative may enter into an agreement, in writing, with the claimant, to refer the matter in controversy, whether the same be of a legal or equitable nature, to one or more disinterested persons, not exceeding three, whose proceedings shall be the same in all respects as if such reference had been ordered in an action. Such agreement to refer, and the award thereupon, shall be filed in the clerk's office where the letters were granted, and shall be a lawful voucher for the personal representative. The same may be impeached in any proceeding against the personal representative for fraud therein: Provided, that the right to refer claims under this section shall extend to claims in favor of the estate as well as those against the estate. (1868-9, c. 113, s. 34; 1872-3, c. 141; Code, s. 1426; Rev., s. 92; C.S., s. 99; 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.