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2016 North Carolina General Statutes
Chapter 28A - Administration of Decedents' Estates.
Article 18 - Actions and Proceedings.
§ 28A-18-5 - When creditors may sue on claim; execution in such action.
Universal Citation: NC Gen Stat § 28A-18-5 (2016)
28A-18-5. When creditors may sue on claim; execution in such action.
An action may be brought by a creditor against the personal representative or collector on a demand at any time after it is due, but no execution shall issue against the personal representative or collector on a judgment therein against the personal representative or collector without leave of the court, upon notice of 20 days and upon proof that the defendant has refused to pay such judgment or its ratable part, and such judgment shall be a lien on the property of the estate of the decedent only from the time of such leave granted. (1868-9, c. 113, s. 82; Code, s. 1509; Rev., s. 162; C.S., s. 166; 1973, c. 1329, s. 3; 2011-344, s. 4.)
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