North Carolina General Statutes
Chapter 28A - Administration of Decedents' Estates

§ 28A-2-4 - Subject matter jurisdiction of the clerk of superior court in estate proceedings. - 28A-2-4. Subject matter jurisdiction of the clerk of superior court...

§ 28A-2-5 - Subject matter jurisdiction of the clerk of superior court in special proceedings. - 28A-2-5. Subject matter jurisdiction of the clerk of superior court...

§ 28A-2-6 - Commencement of estate proceedings, pleadings, consolidation, and joinder. - 28A-2-6. Commencement of estate proceedings, pleadings, consolidation, and joinder. (a)...

§ 28A-2-7 - Representation of parties. - 28A-2-7. Representation of parties. (a) Notwithstanding any other applicable rule...

§ 28A-2-8 - Waiver of notice. - 28A-2-8. Waiver of notice. A party, or a representative of...

§ 28A-2-9 - Appeals of estate proceedings and special proceedings. - 28A-2-9. Appeals of estate proceedings and special proceedings. (a) With...

§ 28A-2-10 - Approval of settlement agreements by the clerk. - 28A-2-10. Approval of settlement agreements by the clerk. The clerk...

Article 2A - Probate of Will.

§ 28A-2A-1 - Executor may apply for probate. - 28A-2A-1. Executor may apply for probate. Any executor named in...

§ 28A-2A-2 - Executor failing, beneficiary may apply. - 28A-2A-2. Executor failing, beneficiary may apply. If no executor applies...

§ 28A-2A-3 - Clerk to notify devisees of probate of wills. - 28A-2A-3. Clerk to notify devisees of probate of wills. The...

§ 28A-2A-4 - Clerk shall compel production of will. - 28A-2A-4. Clerk shall compel production of will. Every clerk of...

§ 28A-2A-5 - What shown on application for probate. - 28A-2A-5. What shown on application for probate. On application to...

§ 28A-2A-6 - Proof and examination in writing. - 28A-2A-6. Proof and examination in writing. Every clerk of the...

§ 28A-2A-7 - Probate in solemn form. - 28A-2A-7. Probate in solemn form. (a) A person entitled to...

§ 28A-2A-8 - Manner of probate of attested written will. - 28A-2A-8. Manner of probate of attested written will. (a) An...

§ 28A-2A-9 - Manner of probate of holographic will. - 28A-2A-9. Manner of probate of holographic will. A holographic will...

§ 28A-2A-10 - Manner of probate of nuncupative will. - 28A-2A-10. Manner of probate of nuncupative will. (a) No nuncupative...

§ 28A-2A-11 - Probate of wills of members of the Armed Forces of the United States. - 28A-2A-11. Probate of wills of members of the Armed Forces...

§ 28A-2A-12 - Probate conclusive until vacated; substitution of consolidated bank as executor or trustee under will. - 28A-2A-12. Probate conclusive until vacated; substitution of consolidated bank as...

§ 28A-2A-13 - Wills filed in clerk's office; certified copies filed for real property in other counties. - 28A-2A-13. Wills filed in clerk's office; certified copies filed for...

§ 28A-2A-14 - Validation of wills heretofore certified and recorded. - 28A-2A-14. Validation of wills heretofore certified and recorded. All wills...

§ 28A-2A-15 - Certified copy of will proved in another state or country. - 28A-2A-15. Certified copy of will proved in another state or...

§ 28A-2A-16 - Examination of witnesses by affidavit. - 28A-2A-16. Examination of witnesses by affidavit. (a) The examination of...

§ 28A-2A-17 - Certified copy of will of nonresident recorded. - 28A-2A-17. Certified copy of will of nonresident recorded. (a) Subject...

§ 28A-2A-18 - Probates validated where proof taken by commissioner or another clerk. - 28A-2A-18. Probates validated where proof taken by commissioner or another...

§ 28A-2A-19 - Probates in another state before 1860 validated. - 28A-2A-19. Probates in another state before 1860 validated. In all...

§ 28A-2A-20 - Validation of wills recorded without probate by subscribing witnesses. - 28A-2A-20. Validation of wills recorded without probate by subscribing witnesses....

§ 28A-2A-21 - Validation of wills admitted on oath of one subscribing witness. - 28A-2A-21. Validation of wills admitted on oath of one subscribing...

§ 28A-2A-22 - Validation of probates of wills when witnesses examined before notary public; acts of deputy clerks validated. - 28A-2A-22. Validation of probates of wills when witnesses examined before...

§ 28A-2A-23 - Validation of wills when recorded without order of probate or registration upon oath and examination of subscribing witness or witnesses. - 28A-2A-23. Validation of wills when recorded without order of probate...

Article 2B - Living Probate.

§ 28A-2B-1 - Establishment before death that a will or codicil is valid. - 28A-2B-1. Establishment before death that a will or codicil is...

§ 28A-2B-2 - Venue. - 28A-2B-2. Venue. The venue for a petition under G.S. 28A-2B-1...

§ 28A-2B-3 - Contents of petition for will validity. - 28A-2B-3. Contents of petition for will validity. (a) Petition. -...

§ 28A-2B-4 - Declaration by court; bar to caveat. - 28A-2B-4. Declaration by court; bar to caveat. (a) If the...

§ 28A-2B-5 - Confidentiality. - 28A-2B-5. Confidentiality. Following the entry of a judgment, a party...

§ 28A-2B-6 - Costs and attorneys' fees. - 28A-2B-6. Costs and attorneys' fees. Costs, including reasonable attorneys' fees,...

Article 3 - Venue for Probate of Wills and Administration of Estates of Decedents.

§ 28A-3-1 - Proper county. - 28A-3-1. Proper county. The venue for the probate of a...

§ 28A-3-2 - Proceedings to determine venue. - 28A-3-2. Proceedings to determine venue. (a) If proceedings are commenced...

§ 28A-3-3 - Procedure after determination of improper appointment. - 28A-3-3. Procedure after determination of improper appointment. Where a person...

§ 28A-3-4 - Liability of personal representative appointed in improper county. - 28A-3-4. Liability of personal representative appointed in improper county. When...

§ 28A-3-5 - Waiver of venue. - 28A-3-5. Waiver of venue. If questions as to priority of...

Article 4 - Qualification and Disqualification for Letters Testamentary and Letters of Administration.

§ 28A-4-1 - Order of persons qualified to serve. - 28A-4-1. Order of persons qualified to serve. (a) Letters Testamentary....

§ 28A-4-2 - Persons disqualified to serve as personal representative. - 28A-4-2. Persons disqualified to serve as personal representative. No person...

Article 5 - Renunciation by Personal Representative

§ 28A-5-1 - Renunciation by executor. - 28A-5-1. Renunciation by executor. (a) Express Renunciation by Executor. -...

§ 28A-5-2 - Renunciation of right to administer. - 28A-5-2. Renunciation of right to administer. (a) Express Renunciation. -...

Article 6 - Appointment of Personal Representative.

§ 28A-6-1 - Application for letters; grant of letters. - 28A-6-1. Application for letters; grant of letters. (a) The application...

§ 28A-6-2 - Letters issued without notice; exceptions. - 28A-6-2. Letters issued without notice; exceptions. Letters of administration or...

§ 28A-6-3 - Appointment of successor to personal representative. - 28A-6-3. Appointment of successor to personal representative. When the appointment...

§ 28A-6-4 - Right to contest appointment; procedure. - 28A-6-4. Right to contest appointment; procedure. Prior to the issuance...

§ 28A-6-5 - Letters not subject to collateral attack. - 28A-6-5. Letters not subject to collateral attack. The validity of...

Article 7 - Oath.

§ 28A-7-1 - Oath required before letters issue. - 28A-7-1. Oath required before letters issue. Before letters testamentary, letters...

Article 8 - Bond.

§ 28A-8-1 - Bond required before letters issue; when bond not required. - 28A-8-1. Bond required before letters issue; when bond not required....

§ 28A-8-1.1 - Deposited money; exclusion in computing amount of bond. - 28A-8-1.1. Deposited money; exclusion in computing amount of bond. Notwithstanding...

§ 28A-8-2 - Provisions of bond. - 28A-8-2. Provisions of bond. A bond given pursuant to this...

§ 28A-8-3 - Modification of bond requirements. - 28A-8-3. Modification of bond requirements. (a) Increase of Bond or...

§ 28A-8-4 - Failure to give additional bond; letters revoked. - 28A-8-4. Failure to give additional bond; letters revoked. If any...

§ 28A-8-5 - Rights of surety in danger of loss. - 28A-8-5. Rights of surety in danger of loss. Any surety...

§ 28A-8-6 - Action against obligors on bond of personal representative. - 28A-8-6. Action against obligors on bond of personal representative. Any...

Article 9 - Revocation of Letters.

§ 28A-9-1 - Revocation after hearing. - 28A-9-1. Revocation after hearing. (a) Grounds. - Letters testamentary, letters...

§ 28A-9-2 - Summary revocation. - 28A-9-2. Summary revocation. (a) Grounds. - Letters testamentary, letters of...

§ 28A-9-3 - Effect of revocation. - 28A-9-3. Effect of revocation. Upon entry of the order revoking...

§ 28A-9-4 - Appeal; stay effected. - 28A-9-4. Appeal; stay effected. Any interested person may appeal from...

§ 28A-9-5 - Interlocutory orders. - 28A-9-5. Interlocutory orders. Pending any proceeding or appeal with respect...

§ 28A-9-6 - Appointment of successor to personal representative or collector whose letters have been revoked; when not required. - 28A-9-6. Appointment of successor to personal representative or collector whose...

§ 28A-9-7 - Rights and duties devolve on successor. - 28A-9-7. Rights and duties devolve on successor. After the revocation...

Article 10 - Resignation.

§ 28A-10-1 - Clerk's power to accept resignation. - 28A-10-1. Clerk's power to accept resignation. The clerk of superior...

§ 28A-10-2 - Contents of petition; notice. - 28A-10-2. Contents of petition; notice. (a) When a personal representative...

§ 28A-10-3 - Statement of account; record of conduct. - 28A-10-3. Statement of account; record of conduct. When the personal...

§ 28A-10-4 - Hearing; order. - 28A-10-4. Hearing; order. The clerk of superior court shall conduct...

§ 28A-10-5 - When resignation becomes effective. - 28A-10-5. When resignation becomes effective. The resignation shall not become...

§ 28A-10-6 - Appeal; stay effected. - 28A-10-6. Appeal; stay effected. Any interested person who has appeared...

§ 28A-10-7 - Rights and duties devolve on successor. - 28A-10-7. Rights and duties devolve on successor. Upon the qualification...

§ 28A-10-8 - When appointment of successor to personal representative who has resigned is not required. - 28A-10-8. When appointment of successor to personal representative who has...

Article 11 - Collectors.

§ 28A-11-1 - Appointment and qualifications of collectors. - 28A-11-1. Appointment and qualifications of collectors. When for any reason...

§ 28A-11-2 - Oath and bond. - 28A-11-2. Oath and bond. Every collector shall take an oath...

§ 28A-11-3 - Duties and powers of collectors. - 28A-11-3. Duties and powers of collectors. (a) Every collector shall:...

§ 28A-11-4 - When collectors' powers cease; settlement of accounts. - 28A-11-4. When collectors' powers cease; settlement of accounts. (a) When...

§ 28A-11-5 - Compensation. - 28A-11-5. Compensation. A collector shall be compensated in accordance with...

Article 12 - Public Administrator.

§ 28A-12-1 - Appointment and term. - 28A-12-1. Appointment and term. There shall be a public administrator...

§ 28A-12-2 - Oath of office. - 28A-12-2. Oath of office. The public administrator shall take and...

§ 28A-12-3 - Qualification and bond. - 28A-12-3. Qualification and bond. (a) The public administrator shall qualify...

§ 28A-12-4 - When public administrator shall apply for letters. - 28A-12-4. When public administrator shall apply for letters. The public...

§ 28A-12-5 - Powers and duties. - 28A-12-5. Powers and duties. (a) The public administrator shall have,...

§ 28A-12-6 - Removal from office. - 28A-12-6. Removal from office. If letters of administration issued to...

§ 28A-12-7 - Procedure after removal from office. - 28A-12-7. Procedure after removal from office. The clerk of superior...

§ 28A-12-8 - Compensation. - 28A-12-8. Compensation. A public administrator shall be compensated in accordance...

Article 13 - Representative's Powers, Duties and Liabilities.

§ 28A-13-1 - Time of accrual of duties and powers. - 28A-13-1. Time of accrual of duties and powers. The duties...

§ 28A-13-2 - General duties; relation to persons interested in estate. - 28A-13-2. General duties; relation to persons interested in estate. A...

§ 28A-13-3 - Powers of a personal representative or fiduciary. - 28A-13-3. Powers of a personal representative or fiduciary. (a) Except...

§ 28A-13-4 - Continuance of farming operations of deceased persons. - 28A-13-4. Continuance of farming operations of deceased persons. When any...

§ 28A-13-5 - Personal representatives hold in joint tenancy. - 28A-13-5. Personal representatives hold in joint tenancy. Any estate or...

§ 28A-13-6 - Exercise of powers of joint personal representatives by one or more than one. - 28A-13-6. Exercise of powers of joint personal representatives by one...

§ 28A-13-7 - Powers and duties of successor personal representative. - 28A-13-7. Powers and duties of successor personal representative. A successor...

§ 28A-13-8 - Powers and duties of administrator with will annexed. - 28A-13-8. Powers and duties of administrator with will annexed. When...

§ 28A-13-9 - Powers of surviving personal representative. - 28A-13-9. Powers of surviving personal representative. When one or more...

§ 28A-13-10 - Liability of personal representative. - 28A-13-10. Liability of personal representative. (a) Property of Estate. -...

Article 14 - Notice to Creditors.

§ 28A-14-1 - Notice for claims. - 28A-14-1. Notice for claims. (a) Every personal representative and collector...

§ 28A-14-1.1 - Validation of certain notices. - 28A-14-1.1. Validation of certain notices. (a) Any notice to creditors...

§ 28A-14-2 - Proof of notice. - 28A-14-2. Proof of notice. A copy of the notice directed...

§ 28A-14-3 - Personal notice to creditor. - 28A-14-3. Personal notice to creditor. The personal representative or collector...

Article 15 - Assets; Discovery of Assets.

§ 28A-15-1 - Assets of the estate generally. - 28A-15-1. Assets of the estate generally. (a) All of the...

§ 28A-15-2 - Title and possession of property. - 28A-15-2. Title and possession of property. (a) Personal Property. -...

§ 28A-15-3 - Nonexoneration of encumbered property. - 28A-15-3. Nonexoneration of encumbered property. When real or personal property...

§ 28A-15-4 - Encumbered assets. - 28A-15-4. Encumbered assets. When any assets of the estate are...

§ 28A-15-5 - Order in which assets appropriated; abatement. - 28A-15-5. Order in which assets appropriated; abatement. (a) General Rules....

§ 28A-15-6 - Federal income tax refunds joint returns. - 28A-15-6. Federal income tax refunds - joint returns. Upon the...

§ 28A-15-7 - Federal income tax refunds separate returns. - 28A-15-7. Federal income tax refunds - separate returns. Upon the...

§ 28A-15-8 - State income tax returns. - 28A-15-8. State income tax returns. Upon the determination by the...

§ 28A-15-9 - Excess funds. - 28A-15-9. Excess funds. If the amount of any refund exceeds...

§ 28A-15-10 - Assets of decedent's estate for limited purposes. - 28A-15-10. Assets of decedent's estate for limited purposes. (a) When...

§ 28A-15-11 - Debt due from personal representative not discharged by appointment. - 28A-15-11. Debt due from personal representative not discharged by appointment....

§ 28A-15-12 - Actions to recover property of decedent. - 28A-15-12. Actions to recover property of decedent. (a) Repealed by...

§ 28A-15-13 - Opening and inventory of decedent's safe-deposit box. - 28A-15-13. Opening and inventory of decedent's safe-deposit box. (a) Definitions....

Article 16 - Sales or Leases of Personal Property.

§ 28A-16-1 - Sales or leases without court order. - 28A-16-1. Sales or leases without court order. (a) A personal...

§ 28A-16-2 - Sales or leases by court order. - 28A-16-2. Sales or leases by court order. (a) All sales...

§ 28A-16-3 - Sales of household furnishings. - 28A-16-3. Sales of household furnishings. If the decedent is survived...

Article 17 - Sales, Leases or Mortgages of Real Property.

§ 28A-17-1 - Sales of real property. - 28A-17-1. Sales of real property. Pursuant to authority contained in...

§ 28A-17-2 - Contents of petition for sale. - 28A-17-2. Contents of petition for sale. The petition to sell...

§ 28A-17-3 - Petition for partition. - 28A-17-3. Petition for partition. When it is alleged that the...

§ 28A-17-4 - Heirs and devisees necessary parties. - 28A-17-4. Heirs and devisees necessary parties. No order to sell...

§ 28A-17-5 - Property subject to sale; conveyance by deceased in fraud of creditors. - 28A-17-5. Property subject to sale; conveyance by deceased in fraud...

§ 28A-17-6 - Adverse claimant to be heard; procedure. - 28A-17-6. Adverse claimant to be heard; procedure. When the real...

§ 28A-17-7 - Order granted if petition not denied; public or private sale; procedure for sale. - 28A-17-7. Order granted if petition not denied; public or private...

§ 28A-17-8 - Under power in will, sales public or private. - 28A-17-8. Under power in will, sales public or private. Sales...

§ 28A-17-9 - Death of vendor under contract; representative to convey. - 28A-17-9. Death of vendor under contract; representative to convey. When...

§ 28A-17-10 - Title in personal representative for estate; he or successor to convey. - 28A-17-10. Title in personal representative for estate; he or successor...

§ 28A-17-11 - Personal representative may lease or mortgage. - 28A-17-11. Personal representative may lease or mortgage. In lieu of...

§ 28A-17-12 - Sale, lease or mortgage of real property by heirs or devisees. - 28A-17-12. Sale, lease or mortgage of real property by heirs...

§ 28A-17-13 - Prior validating acts. - 28A-17-13. Prior validating acts. Chapter 70 of the Public Laws...

Article 18 - Actions and Proceedings.

§ 28A-18-1 - Survival of actions to and against personal representative. - 28A-18-1. Survival of actions to and against personal representative. (a)...

§ 28A-18-2 - Death by wrongful act of another; recovery not assets. - 28A-18-2. Death by wrongful act of another; recovery not assets....

§ 28A-18-3 - To sue or defend in representative capacity. - 28A-18-3. To sue or defend in representative capacity. All actions...

§ 28A-18-4 - Service on or appearance of one binds all. - 28A-18-4. Service on or appearance of one binds all. In...

§ 28A-18-5 - When creditors may sue on claim; execution in such action. - 28A-18-5. When creditors may sue on claim; execution in such...

§ 28A-18-6 - Service by publication on executor without bond. - 28A-18-6. Service by publication on executor without bond. Whenever process...

§ 28A-18-7 - Execution by successor in office. - 28A-18-7. Execution by successor in office. Any personal representative or...

§ 28A-18-8 - Action to continue, though letters revoked. - 28A-18-8. Action to continue, though letters revoked. In case the...

Article 19 - Claims against the Estate.

§ 28A-19-1 - Manner of presentation of claims. - 28A-19-1. Manner of presentation of claims. (a) A claim against...

§ 28A-19-2 - Further information or affidavit of claim may be required. - 28A-19-2. Further information or affidavit of claim may be required....

§ 28A-19-3 - Limitations on presentation of claims. - 28A-19-3. Limitations on presentation of claims. (a) All claims against...

§ 28A-19-4 - Payment of claims and charges. - 28A-19-4. Payment of claims and charges. As soon as the...

§ 28A-19-5 - Contingent or unliquidated claims. - 28A-19-5. Contingent or unliquidated claims. (a) If a contingent or...

§ 28A-19-6 - Order of payment of claims. - 28A-19-6. Order of payment of claims. (a) After payment of...

§ 28A-19-7 - Satisfaction of claims other than by payment. - 28A-19-7. Satisfaction of claims other than by payment. Notwithstanding any...

§ 28A-19-8 - Funeral expenses of decedent. - 28A-19-8. Funeral expenses of decedent. (a) Any person authorized under...

§ 28A-19-9 - Gravestone and burial place authorized. - 28A-19-9. Gravestone and burial place authorized. (a) If the decedent...

§ 28A-19-10 - Perpetual care of cemetery lot. - 28A-19-10. Perpetual care of cemetery lot. It shall be lawful...

§ 28A-19-11 - Pleading statute of limitations. - 28A-19-11. Pleading statute of limitations. When claims are not barred...

§ 28A-19-12 - Claims due representative not preferred. - 28A-19-12. Claims due representative not preferred. No property or assets...

§ 28A-19-13 - No preference within class. - 28A-19-13. No preference within class. No personal representative or collector...

§ 28A-19-14 - Claims not due rebated. - 28A-19-14. Claims not due rebated. Claims owed by the estate...

§ 28A-19-15 - Disputed claim may be referred. - 28A-19-15. Disputed claim may be referred. If the personal representative...

§ 28A-19-16 - Disputed claim not referred barred in three months. - 28A-19-16. Disputed claim not referred barred in three months. If...

§ 28A-19-17 - No lien by suit against representative. - 28A-19-17. No lien by suit against representative. No lien shall...

§ 28A-19-18 - When costs against representative allowed. - 28A-19-18. When costs against representative allowed. No costs shall be...

§ 28A-19-19 - Claims for equitable distribution. - 28A-19-19. Claims for equitable distribution. (a) The provisions of G.S....

Article 20 - Inventory.

§ 28A-20-1 - Inventory within three months. - 28A-20-1. Inventory within three months. Unless the time for filing...

§ 28A-20-2 - Compelling the inventory. - 28A-20-2. Compelling the inventory. (a) If the inventory specified in...

§ 28A-20-3 - Supplemental inventory. - 28A-20-3. Supplemental inventory. (a) Whenever any property not included in...

§ 28A-20-4 - Employment of appraisers. - 28A-20-4. Employment of appraisers. A personal representative or collector may,...

Article 21 - Accounting.

§ 28A-21-1 - Annual accounts. - 28A-21-1. Annual accounts. Until the final account has been filed...

§ 28A-21-2 - Final accounts. - 28A-21-2. Final accounts. (a) Unless the time for filing the...

§ 28A-21-2.2 - Final accounting by limited personal representative. - 28A-21-2.2. Final accounting by limited personal representative. (a) Filing Requirement....

§ 28A-21-3 - What accounts must contain. - 28A-21-3. What accounts must contain. Accounts filed with the clerk...

§ 28A-21-4 - Clerk may compel account. - 28A-21-4. Clerk may compel account. If any personal representative or...

§ 28A-21-5 - Vouchers presumptive evidence. - 28A-21-5. Vouchers presumptive evidence. Vouchers, without other proof, are presumptive...

§ 28A-21-6 - Permissive notice of final accounts. - 28A-21-6. Permissive notice of final accounts. The personal representative or...

Article 22 - Distribution.

§ 28A-22-1 - Scheme of distribution; testate and intestate estates. - 28A-22-1. Scheme of distribution; testate and intestate estates. After the...

§ 28A-22-2 - Shares of after-born and after-adopted children. - 28A-22-2. Shares of after-born and after-adopted children. The share of...

§ 28A-22-3 - Special proceeding against unknown heirs of decedent before distribution of estate. - 28A-22-3. Special proceeding against unknown heirs of decedent before distribution...

§ 28A-22-4 - Distribution to nonresident trustee only upon appointment of process agent. - 28A-22-4. Distribution to nonresident trustee only upon appointment of process...

§ 28A-22-5 - Distribution of assets in kind in satisfaction of devises and transfers in trust. - 28A-22-5. Distribution of assets in kind in satisfaction of devises...

§ 28A-22-6 - Agreements with taxing authorities to secure benefit of federal marital deduction. - 28A-22-6. Agreements with taxing authorities to secure benefit of federal...

§ 28A-22-7 - Distribution to parent or guardian of a minor. - 28A-22-7. Distribution to parent or guardian of a minor. (a)...

§ 28A-22-8 - Executor or trustee; discretion over distributions. - 28A-22-8. Executor or trustee; discretion over distributions. Unless otherwise restricted...

§ 28A-22-9 - Distribution to known but unlocated devisees or heirs. - 28A-22-9. Distribution to known but unlocated devisees or heirs. (a)...

§ 28A-22-10 - Distribution of assets of inoperative trust. - 28A-22-10. Distribution of assets of inoperative trust. When the facts...

§ 28A-22-11 - Agreements with heirs. - 28A-22-11. Agreements with heirs. Any agreement by an heir, unknown...

Article 23 - Settlement.

§ 28A-23-1 - Settlement after final account filed. - 28A-23-1. Settlement after final account filed. When the personal representative...

§ 28A-23-2 - Payment into court of fund due minor. - 28A-23-2. Payment into court of fund due minor. When any...

§ 28A-23-3 - Commissions allowed personal representatives; representatives guilty of misconduct or default. - 28A-23-3. Commissions allowed personal representatives; representatives guilty of misconduct or...

§ 28A-23-4 - Counsel fees allowable to attorneys serving as representatives. - 28A-23-4. Counsel fees allowable to attorneys serving as representatives. The...

§ 28A-23-5 - Reopening administration. - 28A-23-5. Reopening administration. If, after an estate has been settled...

Article 24 - 120-Hour Survivorship Requirement; Revised Simultaneous Death Act.

§ 28A-24-1 - Definitions. - 28A-24-1. Definitions. In this Article: (1) "Co-owners with right of...

§ 28A-24-2 - Requirement of survival by 120 hours. - 28A-24-2. Requirement of survival by 120 hours. (a) Except as...

§ 28A-24-3 - Co-owners with right of survivorship; requirement of survival by 120 hours. - 28A-24-3. Co-owners with right of survivorship; requirement of survival by...

§ 28A-24-4 - Survival of an event; 120-hour period not applicable. - 28A-24-4. Survival of an event; 120-hour period not applicable. For...

§ 28A-24-5 - Victim deemed to survive slayer. - 28A-24-5. Victim deemed to survive slayer. Notwithstanding any other provisions...

§ 28A-24-6 - Exceptions to the 120-hour survival requirement. - 28A-24-6. Exceptions to the 120-hour survival requirement. Survival by 120...

§ 28A-24-7 - Evidence of death or status. - 28A-24-7. Evidence of death or status. For purposes of this...

§ 28A-24-8 - Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient. - 28A-24-8. Protection of payors, bona fide purchasers, and other third...

Article 25 - Small Estates.

§ 28A-25-1 - Collection of property by affidavit when decedent dies intestate. - 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-25-1.1. Collection of property by affidavit when decedent dies testate....

§ 28A-25-2 - Effect of affidavit. - 28A-25-2. Effect of affidavit. The person paying, delivering, transferring or...

§ 28A-25-3 - Disbursement and distribution of property collected by affidavit. - 28A-25-3. Disbursement and distribution of property collected by affidavit. (a)...

§ 28A-25-4 - Clerk may compel compliance. - 28A-25-4. Clerk may compel compliance. If any affiant who has...

§ 28A-25-5 - Subsequently appointed personal representative or collector. - 28A-25-5. Subsequently appointed personal representative or collector. Nothing in this...

§ 28A-25-6 - Payment to clerk of money owed decedent. - 28A-25-6. Payment to clerk of money owed decedent. (a) As...

§ 28A-25-7 - Removal of tangible personal property by landlord after death of residential tenant. - 28A-25-7. Removal of tangible personal property by landlord after death...

Article 26 - Foreign Personal Representatives and Ancillary Administration.

§ 28A-26-1 - Domiciliary and ancillary probate and administration. - 28A-26-1. Domiciliary and ancillary probate and administration. The domiciliary, or...

§ 28A-26-2 - Payment of debt and delivery of property to domiciliary personal representative of a nonresident decedent without ancillary administration in this State. - 28A-26-2. Payment of debt and delivery of property to domiciliary...

§ 28A-26-3 - Ancillary administration. - 28A-26-3. Ancillary administration. (a) Any domiciliary personal representative of a...

§ 28A-26-4 - Bonds. - 28A-26-4. Bonds. (a) Subject to the exception in subsection (b),...

§ 28A-26-5 - Authority of domiciliary personal representative of a nonresident decedent. - 28A-26-5. Authority of domiciliary personal representative of a nonresident decedent....

§ 28A-26-6 - Jurisdiction. - 28A-26-6. Jurisdiction. (a) A domiciliary personal representative of a nonresident...

§ 28A-26-7 - Service on personal representative of a nonresident decedent. - 28A-26-7. Service on personal representative of a nonresident decedent. A...

§ 28A-26-8 - Duties of personal representative in an ancillary administration. - 28A-26-8. Duties of personal representative in an ancillary administration. (a)...

§ 28A-26-9 - Remission of surplus assets by ancillary personal representative to domiciliary personal representative. - 28A-26-9. Remission of surplus assets by ancillary personal representative to...

Article 27 - Apportionment of Federal Estate Tax.

§ 28A-27-1 - Definitions. - 28A-27-1. Definitions. For the purposes of this Article: (1) "Estate"...

§ 28A-27-2 - Apportionment. - 28A-27-2. Apportionment. (a) Except as otherwise provided in subsection (b)...

§ 28A-27-3 - Procedure for determining apportionment. - 28A-27-3. Procedure for determining apportionment. (a) The personal representative of...

§ 28A-27-4 - Uncollected tax. - 28A-27-4. Uncollected tax. The personal representative shall not be under...

§ 28A-27-5 - Exemptions, deductions, and credits. - 28A-27-5. Exemptions, deductions, and credits. (a) Any interest for which...

§ 28A-27-6 - No apportionment between temporary and remainder interests. - 28A-27-6. No apportionment between temporary and remainder interests. No interest...

§ 28A-27-7 - Fiduciary's rights and duties. - 28A-27-7. Fiduciary's rights and duties. (a) The personal representative may...

§ 28A-27-8 - Difference with Federal Estate Tax Law. - 28A-27-8. Difference with Federal Estate Tax Law. If the liabilities...

§ 28A-27-9 - Effective date. - 28A-27-9. Effective date. The provisions of this Article shall not...

Article 28 - Summary Administration.

§ 28A-28-1 - Summary administration where spouse is sole beneficiary. - 28A-28-1. Summary administration where spouse is sole beneficiary. When a...

§ 28A-28-2 - Petition. - 28A-28-2. Petition. (a) The petition shall be signed by the...

§ 28A-28-3 - Clerk's order. - 28A-28-3. Clerk's order. If it appears to the clerk that...

§ 28A-28-4 - Effect of order. - 28A-28-4. Effect of order. (a) The presentation of a certified...

§ 28A-28-5 - Effect of payment. - 28A-28-5. Effect of payment. The person paying, delivering, transferring, or...

§ 28A-28-6 - Spouse's assumption of liabilities. - 28A-28-6. Spouse's assumption of liabilities. If the clerk grants the...

§ 28A-28-7 - Right to petition for appointment of personal representative; discharge of spouse's liability. - 28A-28-7. Right to petition for appointment of personal representative; discharge...

Article 29 - Notice to Creditors Without Estate Administration.

§ 28A-29-1 - Notice to creditors without estate administration. - 28A-29-1. Notice to creditors without estate administration. When (i) a...

§ 28A-29-2 - Petition. - 28A-29-2. Petition. (a) The application for appointment as limited personal...

§ 28A-29-3 - Effect of appointment. - 28A-29-3. Effect of appointment. A limited personal representative appointed under...

§ 28A-29-4 - Presentation, payment, and limitation of claims. - 28A-29-4. Presentation, payment, and limitation of claims. Upon compliance with...

§ 28A-29-5 - Right to petition for appointment of personal representative. - 28A-29-5. Right to petition for appointment of personal representative. Nothing...

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North Carolina General Statutes Chapter 28A - Administration of Decedents' Estates

North Carolina General Statutes
Chapter 28A - Administration of Decedents' Estates