2005 North Carolina Code - General Statutes § 28A-8-1. Bond required before letters issue; when bond not required.

Article 8.

Bond.

§ 28A‑8‑1.  Bond required before letters issue; when bond not required.

(a)       Except as otherwise provided in subsection (b), every personal representative, before letters are issued, shall give bond, conditioned as provided in G.S. 28A‑8‑2.

(b)       No bond shall be required of:

(1)       A resident executor, unless the express terms of the will require him to give bond;

(2)       A nonresident executor (or a resident executor who moves from this State subsequent to his appointment) who has appointed a resident agent to accept service of process as provided in G.S. 28A‑4‑2(a) [28A‑4‑2(4)], when the express terms of the will excuse him from giving bond;

(3)       A nonresident executor, when there is a resident executor named who has qualified as coexecutor unless the express terms of the will require them to give bond, or the clerk of  superior court finds that such bond is necessary for the protection of the estate; or

(4)       A personal representative appointed solely for the purpose of bringing an action for the wrongful death of the deceased until such time as the personal representative shall receive  property into the estate of the deceased; or

(5)       A personal representative that is a national banking association having its principal place of business in this State or a State bank acting pursuant to G.S. 53‑159;

(6)       A personal representative of an intestate who resides in the  State of North Carolina when all of the heirs of the decedent are over 18 years of age and file with the clerk of superior  court a written waiver instrument agreeing to relieve the personal representative from the necessity of giving bond; or

(7)       A personal representative where he receives all the property  of the decedent;

(8)       An administrator with the will annexed who resides in the State of North Carolina when all of the devisees of the decedent are over 18 years of age and file with the clerk of  superior court a written waiver instrument agreeing to relieve him of the necessity of giving bond. (C.C.P., ss. 467, 468; 1870‑1, c. 93; Code, ss. 1387, 1388, 2169; Rev., s. 29; C.S., s. 39; 1923, c. 56; 1967, c. 41, s. 1; 1973, c. 1329, s. 3; 1975, c. 300, s. 3; 1977, c. 29; 1981, c. 428; c. 599, ss. 5, 6.)