30-21. Report of clerk or magistrate.
The clerk of court, or magistrate upon assignment, shall make and sign three lists of the money or other personal property assigned to each person, stating their quantity and value, and the deficiency to be paid by the personal representative. Where the allowance is to the surviving spouse, one of these lists shall be delivered to the surviving spouse. Where the allowance is to a child, one of these lists shall be delivered to the surviving parent with whom the child is living; or to the child's guardian or next friend if the child is not living with the surviving parent; or to the child if the child is not living with the surviving parent and has no guardian or next friend. One list shall be delivered to the personal representative. One list shall be returned by the magistrate or clerk, within 20 days after the assignment, to the superior court of the county in which administration was granted or the will probated, and the clerk shall file and record the list, together with any judgment entered pursuant to G.S. 30-20. (1868-9, c. 93, s. 15; Code, s. 2123; Rev., s. 3099; C.S., s. 4116; 1961, c. 749, s. 7; 1971, c. 528, s. 24; 1989, c. 11, s. 3; 1997-310, s. 3; 2011-344, s. 7; 2012-71, s. 2(c).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 30 - Surviving Spouses
§ 30-15 - When spouse entitled to allowance.
§ 30-16 - Duty of personal representative, magistrate, or clerk to assign allowance.
§ 30-17 - When children entitled to an allowance.
§ 30-18 - From what property allowance assigned.
§ 30-19 - Value of property ascertained.
§ 30-20 - Procedure for assignment.
§ 30-21 - Report of clerk or magistrate.
§ 30-25 - Personal representative entitled to credit.
§ 30-27 - Surviving spouse or child may apply to superior court.
§ 30-28 - Nature of proceeding; parties.
§ 30-29 - What petition must show.
§ 30-31 - Amount of allowance.