§ 28A-19-17 – No lien by suit against representative.
28A-19-17. No lien by suit against representative. No lien shall be created by the commencement of a suit against a personal representative or collector. (1868-9, c. 113, s. 41; Code, s. 1432; Rev., s. 95; C.S., s. 102; 1973, c. 1329, s. 3.)
§ 28A-19-18 – When costs against representative allowed.
28A-19-18. When costs against representative allowed. No costs shall be recovered in any action against a personal representative or collector unless it appears that payment was unreasonably delayed or neglected, or that the defendant refused to refer the matter in controversy, in which case the court may award such costs against the defendant personally, or […]
§ 28A-19-19 – Claims for equitable distribution.
28A-19-19. Claims for equitable distribution. (a) The provisions of G.S. 28A-19-5 and G.S. 28A-19-7 shall not apply to claims for equitable distribution. (b) The personal representative may enter into an agreement, in writing, with a claimant providing for distribution of marital or divisible property, or both, in a manner deemed by the personal representative and […]
§ 28A-19-12 – Claims due representative not preferred.
28A-19-12. Claims due representative not preferred. No property or assets of the decedent shall be retained by the personal representative or collector in satisfaction of the personal representative’s or collector’s own claim, in preference to others of the same class. Prior to payment of the personal representative’s or collector’s own claim the personal representative or […]
§ 28A-19-13 – No preference within class.
28A-19-13. No preference within class. No personal representative or collector shall give to any claim any preference whatever, either by paying it out of its class or by paying thereon more than a pro rata proportion in its class. (1868-9, c. 113, ss. 25, 26; Code, ss. 1417, 1418; Rev., s. 88; C.S., s. 94; […]
§ 28A-19-14 – Claims not due rebated.
28A-19-14. Claims not due rebated. Claims owed by the estate but not yet due may be paid by the personal representative on a rebate of interest thereon for the time unexpired. (1868-9, c. 113, s. 27; Code, s. 1419; Rev., s. 90; C.S., s. 97; 1973, c. 1329, s. 3.)
§ 28A-19-15 – Disputed claim may be referred.
28A-19-15. Disputed claim may be referred. If the personal representative doubts the justness of any claim so presented, the personal representative may enter into an agreement, in writing, with the claimant, to refer the matter in controversy, whether the same be of a legal or equitable nature, to one or more disinterested persons, not exceeding […]
§ 28A-19-16 – Disputed claim not referred barred in three months.
28A-19-16. Disputed claim not referred barred in three months. If a claim is presented to and rejected by the personal representative or collector, and not referred as provided in G.S. 28A-19-15, the claimant must, within three months, after due notice in writing of such rejection, commence an action for the recovery thereof, or in the […]
§ 28A-19-7 – Satisfaction of claims other than by payment.
28A-19-7. Satisfaction of claims other than by payment. Notwithstanding any provision of law to the contrary, (1) If a decedent was liable in person at the time of the decedent’s death for the payment or satisfaction of any claim or the performance, satisfaction, or discharge of any liability or obligation, whether joint or several, primary […]
§ 28A-19-8 – Funeral expenses of decedent.
28A-19-8. Funeral expenses of decedent. (a) Any person authorized under G.S. 130A-420 to dispose of a decedent’s body may bind a decedent’s estate for funeral expenses and related charges, including interest and finance charges, in accordance with this section, including the execution and delivery on behalf of the estate of any agreements, promissory notes, and […]