28C-3. Procedure on complaint.
Upon the filing of the complaint referred to in G.S. 28C-2, the judge may for cause shown appoint a temporary receiver to take charge of the property of the absentee to conserve it pending hearing on the complaint. Such temporary receiver shall qualify by giving bond in an amount and with surety approved by the judge and shall exercise only the powers specified by the judge. Within 30 days after the date of his appointment, he shall file an inventory of the property taken in charge. If a permanent receiver is appointed, the temporary receiver shall transfer and deliver to the permanent receiver all property in his custody and control, less such only as may be necessary to cover his expenses and compensation as allowed by the judge, and shall file his final account, and upon its approval be discharged. If the prayer for a permanent receiver is denied, the temporary receiver shall transfer and deliver to those entitled thereto all property in his custody and control less such only as may be necessary to cover his expenses and compensation as allowed by the judge, and shall file his final account, and upon its approval be discharged. If the prayer for a permanent receiver is denied the expenses and compensation of the temporary receiver may in the discretion of the judge be taxed as costs of the action to be paid by the complainant, but if the judge finds that the complaint was brought in good faith and upon reasonable grounds, he may charge such costs against the property of the absentee. (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.