2005 North Carolina Code - General Statutes § 28A-18-1. Survival of actions to and against personal representative.

Article 18.

Actions and Proceedings.

§ 28A‑18‑1.  Survival of actions to and against personal representative.

(a)       Upon the death of any person, all demands whatsoever, and rights to prosecute or defend any action or special proceeding, existing in favor of or against such person, except as provided in subsection (b) hereof, shall survive to and against the personal representative or collector of his estate.

(b)       The following rights of action in favor of a decedent do not survive:

(1)       Causes of action for libel and for slander, except slander of title;

(2)       Causes of action for false imprisonment;

(3)       Causes of action where the relief sought could not be enjoyed, or granting it would be nugatory after death. (1868‑ 9, c. 113, ss. 63, 64; Code, ss. 1490, 1491; Rev., ss. 156, 157; 1915, c. 38; C.S., ss. 159, 162; 1965, c. 631; 1973, c.  1329, s. 3.)