28A-25-4. Clerk may compel compliance.
If any affiant who has collected personal property of the decedent by affidavit pursuant to G.S. 28A-25-1 or G.S. 28A-25-1.1 shall fail to make distribution or file affidavit as required by G.S. 28A-25-3, the clerk of superior court may, upon motion of the clerk of superior court or at the request of any interested person, issue an attachment against the affiant for a contempt and commit the affiant until the affiant makes proper distribution and files the affidavit. In addition to or in lieu of filing this attachment, the clerk may require the affiant to post a bond conditioned as provided in G.S. 28A-8-2. (1973, c. 1329, s. 3; 1983, c. 711, s. 2; 1985, c. 651, s. 5; 1987, c. 670, s. 4; 1989, c. 407, s. 4; 2011-344, s. 4.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 28A - Administration of Decedents' Estates
§ 28A-25-1 - Collection of property by affidavit when decedent dies intestate.
§ 28A-25-1.1 - Collection of property by affidavit when decedent dies testate.
§ 28A-25-2 - Effect of affidavit.
§ 28A-25-3 - Disbursement and distribution of property collected by affidavit.
§ 28A-25-4 - Clerk may compel compliance.
§ 28A-25-5 - Subsequently appointed personal representative or collector.
§ 28A-25-6 - Payment to clerk of money owed decedent.
§ 28A-25-7 - Removal of tangible personal property by landlord after death of residential tenant.