2005 North Carolina Code - General Statutes Article 16 - Sales or Leases of Personal Property.

Article 16.

Sales or Leases of Personal Property.

§ 28A‑16‑1.� Sales or leases without court order.

(a)������ A personal representative has the power to sell, at either a public or private sale, or to lease, personal property of the decedent without a court order.

(b)������ A personal representative who sells or leases personal property of the decedent without a court order is not required to file a special report or have the transaction confirmed by the clerk of superior court, or to follow any of the procedure set forth in Article 29A of Chapter 1 of the General Statutes, entitled "Judicial Sales," but shall include in his next account, either annual or final, a record of the receipts and disbursements incident to the transaction.� (1868‑9, c. 113, s. 16; Code, s. 1408; Rev., s. 62; C.S., s. 66; 1973, c. 1329, s. 3; 1975, c. 300, s. 6.)

 

§ 28A‑16‑2.� Sales or leases by court order.

(a)������ All sales or leases of personal property of the decedent by a collector shall be made only upon order obtained, by motion, from the clerk of superior court.

(b)������ A personal representative may, if he so desires, request the clerk of superior court to issue to him an order to sell or lease personal property of the decedent.

(c)������ Sales or leases of personal property of the decedent held pursuant to court order shall be conducted as provided in Article 29A� of Chapter 1 of the General Statutes, entitled "Judicial Sales."

(d)������ A personal representative may, for his own benefit, purchase or lease personal property belonging to the decedent at a public sale conducted under an order of the clerk of superior court, if the transaction is reported to the clerk of superior court and confirmed by him. (1868‑9, c. 113, s. 17; Code, s. 1409; Rev., s. 61; C.S., s. 67; 1949, c. 719, s. 2; 1973, c. 1329, s. 3.)

 

§ 28A‑16‑3.� Sales of household furnishings.

If the decedent is survived by a spouse, no sale or lease shall be made of the household furnishings in the usual dwelling house occupied by the surviving spouse at the time of the death of the deceased spouse, if such dwelling house was owned by the deceased spouse at the time of his or her death, until the expiration of the time limits set forth in G.S. 29‑30(c) for the filing by the surviving spouse of an election in regard to the property of the decedent. (1973, c. 1329, s. 3.)