There is a newer version of the North Carolina General Statutes
2005 North Carolina Code - Chapter 28A — Administration of Decedents\' Estates.
- § 28A-2-1. Clerk of superior court.
- § 28A-2-2. Assistant clerk of superior court.
- § 28A-2-3. Jurisdiction where clerk interested.
- § 28A-3-1. Proper county.
- § 28A-3-2. Proceedings to determine venue.
- § 28A-3-3. Procedure after determination of improper appointment.
- § 28A-3-4. Liability of personal representative appointed in improper county.
- § 28A-3-5. Waiver of venue.
- § 28A-4-1. Order of persons qualified to serve.
- § 28A-4-2. Persons disqualified to serve as personal representative.
- § 28A-6-1. Application for letters; grant of letters.
- § 28A-6-2. Letters issued without notice; exceptions.
- § 28A-6-3. Appointment of successor to personal representative.
- § 28A-6-4. Right to contest appointment; procedure.
- § 28A-6-5. Letters not subject to collateral attack.
- § 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-8-2. Provisions of bond.
- § 28A-8-3. Modification of bond requirements.
- § 28A-8-4. Failure to give additional bond; letters revoked.
- § 28A-8-5. Rights of surety in danger of loss.
- § 28A-8-6. Action against obligors on bond of personal representative.
- § 28A-9-1. Revocation after hearing.
- § 28A-9-2. Summary revocation.
- § 28A-9-3. Effect of revocation.
- § 28A-9-4. Appeal; stay effected.
- § 28A-9-5. Interlocutory orders.
- § 28A-9-6. Appointment of successor to personal representative or collector whose letters have been revoked; when not required.
- § 28A-9-7. Rights and duties devolve on successor.
- § 28A-10-1. Clerk's power to accept resignation.
- § 28A-10-2. Contents of petition; notice.
- § 28A-10-3. Statement of account; record of conduct.
- § 28A-10-4. Hearing; order.
- § 28A-10-5. When resignation becomes effective.
- § 28A-10-6. Appeal; stay effected.
- § 28A-10-7. Rights and duties devolve on successor.
- § 28A-10-8. When appointment of successor to personal representative who has resigned is not required.
- § 28A-11-1. Appointment and qualifications of collectors.
- § 28A-11-2. Oath and bond.
- § 28A-11-3. Duties and powers of collectors.
- § 28A-11-4. When collectors' powers cease; settlement of accounts.
- § 28A-11-5. Compensation.
- § 28A-12-1. Appointment and term.
- § 28A-12-2. Oath of office.
- § 28A-12-3. Qualification and bond.
- § 28A-12-4. When public administrator shall apply for letters.
- § 28A-12-5. Powers and duties.
- § 28A-12-6. Removal from office.
- § 28A-12-7. Procedure after removal from office.
- § 28A-12-8. Compensation.
- § 28A-13-1. Time of accrual of duties and powers.
- § 28A-13-2. General duties; relation to persons interested in estate.
- § 28A-13-3. Powers of a personal representative or fiduciary.
- § 28A-13-4. Continuance of farming operations of deceased persons.
- § 28A-13-5. Personal representatives hold in joint tenancy.
- § 28A-13-6. Exercise of powers of joint personal representatives by one or more than one.
- § 28A-13-7. Powers and duties of successor personal representative.
- § 28A-13-8. Powers and duties of administrator with will annexed.
- § 28A-13-9. Powers of surviving personal representative.
- § 28A-13-10. Liability of personal representative.
- § 28A-14-1. Notice for claims.
- § 28A-14-1.1. Validation of certain notices.
- § 28A-14-2. Proof of notice.
- § 28A-14-3. Personal notice to creditor.
- § 28A-15-1. Assets of the estate generally.
- § 28A-15-2. Title and possession of property.
- § 28A-15-3. Nonexoneration of encumbered property.
- § 28A-15-4. Encumbered assets.
- § 28A-15-5. Order in which assets appropriated; abatement.
- § 28A-15-6. Federal income tax refunds – joint returns.
- § 28A-15-7. Federal income tax refunds – separate returns.
- § 28A-15-8. State income tax returns.
- § 28A-15-9. Excess funds.
- § 28A-15-9.1. Phase II payments.
- § 28A-15-10. Assets of decedent's estate for limited purposes.
- § 28A-15-11. Debt due from personal representative not discharged by appointment.
- § 28A-15-12. Examination of persons or corporations believed to have possession of property of decedent.
- § 28A-15-13. Opening and inventory of decedent's safe-deposit box.
- § 28A-16-1. Sales or leases without court order.
- § 28A-16-2. Sales or leases by court order.
- § 28A-16-3. Sales of household furnishings.
- § 28A-17-1. Sales of real property.
- § 28A-17-2. Contents of petition for sale.
- § 28A-17-3. Petition for partition.
- § 28A-17-4. Heirs and devisees necessary parties.
- § 28A-17-5. Property subject to sale; conveyance by deceased in fraud of creditors.
- § 28A-17-6. Adverse claimant to be heard; procedure.
- § 28A-17-7. Order granted if petition not denied; public or private sale; procedure for sale.
- § 28A-17-8. Under power in will, sales public or private.
- § 28A-17-9. Death of vendor under contract; representative to convey.
- § 28A-17-10. Title in personal representative for estate; he or successor to convey.
- § 28A-17-11. Personal representative may lease or mortgage.
- § 28A-17-12. Sale, lease or mortgage of real property by heirs or devisees.
- § 28A-17-13. Prior validating acts.
- § 28A-18-1. Survival of actions to and against personal representative.
- § 28A-18-2. Death by wrongful act of another; recovery not assets.
- § 28A-18-3. To sue or defend in representative capacity.
- § 28A-18-4. Service on or appearance of one binds all.
- § 28A-18-5. When creditors may sue on claim; execution in such action.
- § 28A-18-6. Service by publication on executor without bond.
- § 28A-18-7. Execution by successor in office.
- § 28A-18-8. Action to continue, though letters revoked.
- § 28A-19-1. Manner of presentation of claims.
- § 28A-19-2. Further information or affidavit of claim may be required.
- § 28A-19-3. Limitations on presentation of claims.
- § 28A-19-4. Payment of claims and charges.
- § 28A-19-5. Contingent claims.
- § 28A-19-6. Order of payment of claims.
- § 28A-19-7. Satisfaction of claims other than by payment.
- § 28A-19-8. Funeral expenses of decedent.
- § 28A-19-9. Gravestone authorized.
- § 28A-19-10. Perpetual care of cemetery lot.
- § 28A-19-11. Pleading statute of limitations.
- § 28A-19-12. Claims due representative not preferred.
- § 28A-19-13. No preference within class.
- § 28A-19-14. Claims not due rebated.
- § 28A-19-15. Disputed claim may be referred.
- § 28A-19-16. Disputed claim not referred barred in three months.
- § 28A-19-17. No lien by suit against representative.
- § 28A-19-18. When costs against representative allowed.
- § 28A-19-19. Claims for equitable distribution.
- § 28A-20-1. Inventory within three months.
- § 28A-20-2. Compelling the inventory.
- § 28A-20-3. Supplemental inventory.
- § 28A-20-4. Employment of appraisers.
- § 28A-21-1. Annual accounts.
- § 28A-21-2. Final accounts.
- § 28A-21-3. What accounts must contain.
- § 28A-21-3.1. Phase II tobacco grower and quota owner payments; list of Phase II distributees.
- § 28A-21-4. Clerk may compel account.
- § 28A-21-5. Vouchers presumptive evidence.
- § 28A-22-1. Scheme of distribution; testate and intestate estates.
- § 28A-22-2. Shares of after-born and after-adopted children.
- § 28A-22-3. Special proceeding against unknown heirs of decedent before distribution of estate.
- § 28A-22-4. Distribution to nonresident trustee only upon appointment of process agent.
- § 28A-22-5. Distribution of assets in kind in satisfaction of bequests and transfers in trust.
- § 28A-22-6. Agreements with taxing authorities to secure benefit of federal marital deduction.
- § 28A-22-7. Distribution to parent or guardian of a minor.
- § 28A-22-8. Executor or trustee; discretion over distributions.
- § 28A-22-9. Distribution to known but unlocated devisees or heirs.
- § 28A-22-10. Distribution of assets of inoperative trust.
- § 28A-23-1. Settlement after final account filed.
- § 28A-23-2. Payment into court of fund due minor.
- § 28A-23-3. Commissions allowed personal representatives; representatives guilty of misconduct or default.
- § 28A-23-4. Counsel fees allowable to attorneys serving as representatives.
- § 28A-23-5. Reopening administration.
- § 28A-24-1. Disposition of property where no sufficient evidence of survivorship.
- § 28A-24-2. Beneficiaries of another person's disposition of property.
- § 28A-24-3. Joint tenants or tenants by the entirety.
- § 28A-24-4. Insurance policies.
- § 28A-24-5. Article does not apply if decedent provides otherwise.
- § 28A-24-6. Uniformity of interpretation.
- § 28A-24-7. Short title.
- § 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-25-2. Effect of affidavit.
- § 28A-25-3. Disbursement and distribution of property collected by affidavit.
- § 28A-25-4. Clerk may compel compliance.
- § 28A-25-5. Subsequently appointed personal representative or collector.
- § 28A-25-6. Payment to clerk of money owed decedent.
- § 28A-26-1. Domiciliary and ancillary probate and administration.
- § 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-26-3. Ancillary administration.
- § 28A-26-4. Bonds.
- § 28A-26-5. Authority of domiciliary personal representative of a nonresident decedent.
- § 28A-26-6. Jurisdiction.
- § 28A-26-7. Service on personal representative of a nonresident decedent.
- § 28A-26-8. Duties of personal representative in an ancillary administration.
- § 28A-26-9. Remission of surplus assets by ancillary personal representative to domiciliary personal representative.
- § 28A-27-1. Definitions.
- § 28A-27-2. Apportionment.
- § 28A-27-3. Procedure for determining apportionment.
- § 28A-27-4. Uncollected tax.
- § 28A-27-5. Exemptions, deductions, and credits.
- § 28A-27-6. No apportionment between temporary and remainder interests.
- § 28A-27-7. Fiduciary's rights and duties.
- § 28A-27-8. Difference with Federal Estate Tax Law.
- § 28A-27-9. Effective date.
- § 28A-28-1. Summary administration where spouse is sole beneficiary.
- § 28A-28-2. Petition.
- § 28A-28-3. Clerk's order.
- § 28A-28-4. Effect of order.
- § 28A-28-5. Effect of payment.
- § 28A-28-6. Spouse's assumption of liabilities.
- § 28A-28-7. Right to petition for appointment of personal representative; discharge of spouse's liability.
Disclaimer: These codes may not be the most recent version. North Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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