§ 28A-28-7 – Right to petition for appointment of personal representative; discharge of spouse's liability.
28A-28-7. Right to petition for appointment of personal representative; discharge of spouse’s liability. (a) Nothing in this Article shall preclude any person qualified to serve as personal representative pursuant to G.S. 28A-4-1, including the surviving spouse, from petitioning the clerk of superior court for the appointment of a personal representative or collector to administer the […]
§ 28A-29-1 – Notice to creditors without estate administration.
28A-29-1. Notice to creditors without estate administration. When (i) a decedent dies testate or intestate leaving no personal property subject to probate and no real property devised to the personal representative; (ii) a decedent’s estate is being administered by collection by affidavit pursuant to Article 25 of this Chapter; (iii) a decedent’s estate is being […]
§ 28A-29-2 – Petition.
28A-29-2. Petition. (a) The application for appointment as limited personal representative shall be in the form of an affidavit sworn to before an officer authorized to administer oaths, signed by the applicant or the applicant’s attorney, which may be supported by other proof under oath in writing, all of which shall be recorded and filed […]
§ 28A-29-3 – Effect of appointment.
28A-29-3. Effect of appointment. A limited personal representative appointed under this Article shall provide notice to all persons, firms, and corporations having claims against the decedent, and proof of such notice shall be in accordance with the provisions of Article 14 of this Chapter. (2009-444, s. 1.)
§ 28A-29-4 – Presentation, payment, and limitation of claims.
28A-29-4. Presentation, payment, and limitation of claims. Upon compliance with G.S. 28A-29-3, creditors of the decedent and the decedent’s property shall present claims in accordance with the provisions of Article 19 of this Chapter, and creditors failing to file such claims shall be barred as provided in G.S. 28A-19-3. The limited personal representative shall administer […]
§ 28A-29-5 – Right to petition for appointment of personal representative.
28A-29-5. Right to petition for appointment of personal representative. Nothing in this Article shall preclude any person qualified to serve as personal representative pursuant to G.S. 28A-4-1, including the limited personal representative, from petitioning the clerk of superior court for the appointment of a personal representative to administer the decedent’s estate. (2009-444, s. 1.)
§ 28A-28-4 – Effect of order.
28A-28-4. Effect of order. (a) The presentation of a certified copy of the order described in G.S. 28A-28-3 shall be sufficient to require the transfer to the spouse of any property or contract right owned by the decedent at the time of death, including but not limited to: (i) wages and salary; (ii) the title […]
§ 28A-28-5 – Effect of payment.
28A-28-5. Effect of payment. The person paying, delivering, transferring, or issuing property or the evidence thereof pursuant to the order described in G.S. 28A-28-3 is discharged and released to the same extent as if the person dealt with a duly qualified personal representative of the decedent. The person is not required to see to the […]
§ 28A-28-6 – Spouse's assumption of liabilities.
28A-28-6. Spouse’s assumption of liabilities. If the clerk grants the order for summary administration, the spouse shall be deemed to have assumed, to the extent of the value of the property received by the spouse under the will of the decedent or by intestate succession, all liabilities of the decedent that were not discharged by […]
§ 28A-27-6 – No apportionment between temporary and remainder interests.
28A-27-6. No apportionment between temporary and remainder interests. No interest in income and no estate for years or for life or other temporary interest in any property or fund is subject to apportionment as between the temporary interest and the remainder. The tax on the temporary interest and the tax, if any, on the remainder […]