28C-12. Termination of receivership.
Upon the entry of any final finding and decree as provided in G.S. 28C-11, the judge shall proceed to wind up the receivership and terminate the proceedings:
(1) In the case of a decree under G.S. 28C-11, subsection (a), that the absentee is dead:
a. By satisfying all outstanding expenses and costs of the receivership, and
b. By then deducting for the insurance fund provided in G.S. 28C-19 a sum equal to five percent (5%) of the total value of the property remaining for distribution upon settlement of the absentee's estate, including amounts paid to the estate from policies of insurance on the absentee's life, and
c. By then certifying the proceedings to the clerk of the superior court subject to an order by the judge administering the receivership, or
(2) In the case of a decree under G.S. 28C-11, subsection (b), revoking the finding that the missing person is an absentee:
a. By satisfying all outstanding expenses and costs of the receivership, and
b. By then returning his remaining property to him and rendering an accounting for that property not returned; or
(3) In the case of a decree under G.S. 28C-11, subsection (c), declaring that all interest of the absentee in his property has ceased:
a. By satisfying all outstanding expenses and costs of the receivership, and
b. By then satisfying all outstanding taxes, other debts and charges, and
c. By then deducting for the insurance fund provided in G.S. 28C-19 a sum equal to five percent (5%) of the total value of the property remaining, including amounts paid to the receivership estate from policies of insurance on the absentee's life, and
d. By transferring or distributing the remaining property as provided in G.S. 28C-13; and
(4) In all three cases by requiring the receiver's account, and upon its approval, discharging him and his bondsmen and entering a final decree terminating the receivership. (1965, c. 815, s. 1; 1973, c. 1329, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 28C - Estates of Missing Persons
§ 28C-1 - Death not presumed from seven years' absence; exposure to peril to be considered.
§ 28C-2 - Action for receiver; contents of complaint; parties.
§ 28C-3 - Procedure on complaint.
§ 28C-4 - Notice to interested persons.
§ 28C-6 - Procedure after notice.
§ 28C-8 - Powers and duties of permanent receiver.
§ 28C-9 - Search for absentee.
§ 28C-10 - Claims against absentee.
§ 28C-11 - Final finding and decree.
§ 28C-12 - Termination of receivership.
§ 28C-13 - Distribution of property of absentee.
§ 28C-14 - Additional limitations on accounting, distribution or making claim by absentee.
§ 28C-15 - When claim of absentee barred.
§ 28C-16 - Laws of administration of estates applicable.
§ 28C-17 - Appointment of public administrator as receiver for estate of less than $1,000.
§ 28C-18 - Payment of insurance policies.
§ 28C-19 - Absentee Insurance Fund.
§ 28C-20 - Provisions applicable to person held incommunicado in foreign country.