41-48. Nontestamentary transfer on death.
(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this Article and is not testamentary.
(b) The interest of a deceased owner when there are one or more surviving owners remains liable for the debts of the decedent in the same manner as the personal property included in the decedent's estate, and recovery of that interest shall be made from the surviving owner or owners when the decedent's estate is insufficient to satisfy the debts. The interest of a deceased sole owner, or the last to die of several owners, remains liable for the debts of the decedent in the same manner as the personal property included in the decedent's estate, and recovery of that interest shall be made from the TOD beneficiary when the decedent's estate is insufficient to satisfy the debts.
(c) This Article does not repeal or modify any provision of law relating to estate taxes. (2005-411, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 4 - The Uniform Transfer on Death (TOD) Security Registration Act.
§ 41-41 - Registration in beneficiary form; sole or joint tenancy ownership.
§ 41-42 - Registration in beneficiary form; applicable law.
§ 41-43 - Origination of registration in beneficiary form.
§ 41-44 - Form of registration in beneficiary form.
§ 41-45 - Effect of registration in beneficiary form.
§ 41-46 - Ownership on death of owner.
§ 41-47 - Protection of registering entity.
§ 41-48 - Nontestamentary transfer on death.
§ 41-49 - Terms, conditions, and forms for registration.