§ 28A-25-2 – Effect of affidavit.
28A-25-2. Effect of affidavit. The person paying, delivering, transferring or issuing personal property or the evidence thereof pursuant to an affidavit meeting the requirements of G.S. 28A-25-1(a) or G.S. 28A-25-1.1(a) is discharged and released to the same extent as if the person dealt with a duly qualified personal representative of the decedent. A lessor or […]
§ 28A-25-3 – Disbursement and distribution of property collected by affidavit.
28A-25-3. Disbursement and distribution of property collected by affidavit. (a) If there has been no personal representative or collector appointed by the clerk of superior court, the affiant who has collected personal property of the decedent by affidavit pursuant to G.S. 28A-25-1 or G.S. 28A-25-1.1 shall: (1) Disburse and distribute the same in the following […]
§ 28A-25-4 – Clerk may compel compliance.
28A-25-4. Clerk may compel compliance. If any affiant who has collected personal property of the decedent by affidavit pursuant to G.S. 28A-25-1 or G.S. 28A-25-1.1 shall fail to make distribution or file affidavit as required by G.S. 28A-25-3, the clerk of superior court may, upon motion of the clerk of superior court or at the […]
§ 28A-25-5 – Subsequently appointed personal representative or collector.
28A-25-5. Subsequently appointed personal representative or collector. Nothing in this Article shall preclude any interested person, including the affiant, from petitioning the clerk of superior court for the appointment of a personal representative or collector to conclude the administration of the decedent’s estate. If such is done, the affiant who has been collecting personal property […]
§ 28A-25-6 – Payment to clerk of money owed decedent.
28A-25-6. Payment to clerk of money owed decedent. (a) As an alternative to the small estate settlement procedures of this Article, any person indebted to a decedent may satisfy such indebtedness by paying the amount of the debt to the clerk of the superior court of the county of the domicile of the decedent: (1) […]
§ 28A-25-7 – Removal of tangible personal property by landlord after death of residential tenant.
28A-25-7. Removal of tangible personal property by landlord after death of residential tenant. (a) When a decedent who is the sole occupant of a dwelling unit dies leaving tangible personal property in the dwelling unit, the landlord may take possession of the property upon the filing of an affidavit that complies with the provisions of […]
§ 28A-25-1 – Collection of property by affidavit when decedent dies intestate.
28A-25-1. Collection of property by affidavit when decedent dies intestate. (a) When a decedent dies intestate leaving personal property, less liens and encumbrances thereon, not exceeding twenty thousand dollars ($20,000) in value, at any time after 30 days from the date of death, any person indebted to the decedent or having possession of tangible personal […]
§ 28A-25-1.1 – Collection of property by affidavit when decedent dies testate.
28A-25-1.1. Collection of property by affidavit when decedent dies testate. (a) When a decedent dies testate leaving personal property, less liens and encumbrances thereon, not exceeding twenty thousand dollars ($20,000) in value, at any time after 30 days from the date of death, any person indebted to the decedent or having possession of tangible personal […]