28A-19-16. Disputed claim not referred barred in three months.
If a claim is presented to and rejected by the personal representative or collector, and not referred as provided in G.S. 28A-19-15, the claimant must, within three months, after due notice in writing of such rejection, commence an action for the recovery thereof, or in the case of a contingent or unliquidated claim, file a petition for an order from the clerk of superior court pursuant to G.S. 28A-19-5(b), or be forever barred from maintaining an action thereon. (1868-9, c. 113, s. 35; Code, s. 1427; Rev., s. 93; 1913, c. 3, s.1; C.S., s. 100; 1961, c. 742; 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.