28A-27-1. Definitions. For the purposes of this Article: (1) "Estate" means the gross estate of a decedent as determined for the purpose of the federal estate tax. (2) "Fiduciary" includes a personal representative and a trustee. (3) "Person" means any individual, partnership, association, joint stock company, corporation, governmental agency, including any multiples or combinations of […]
28A-27-2. Apportionment. (a) Except as otherwise provided in subsection (b) of this section, or in G.S. 28A-27-5, G.S. 28A-27-6, or G.S. 28A-27-8, the tax shall be apportioned among all persons interested in the estate in the proportion that the value of the interest of each person interested in the estate bears to the total value […]
28A-27-3. Procedure for determining apportionment. (a) The personal representative of a decedent shall determine the apportionment of the tax. (b) If the personal representative finds that it is inequitable to apportion interest and penalties in the manner provided in this Article because such interest or penalties were imposed due to the fault of one or […]
28A-27-4. Uncollected tax. The personal representative shall not be under any duty to institute any suit or proceeding to recover from any person interested in the estate the amount of the tax apportioned to the person until the expiration of the six months next following final determination of the tax. A personal representative who institutes […]
28A-27-5. Exemptions, deductions, and credits. (a) Any interest for which a deduction or exemption is allowed under the federal revenue laws in determining the value of the decedent’s net taxable estate, such as property passing to or in trust for a surviving spouse and gifts or devises for charitable, public, or similar purposes, shall not […]
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 […]
28A-27-7. Fiduciary’s rights and duties. (a) The personal representative may withhold from any property of the decedent in the personal representative’s possession, distributable to any person interested in the estate, the amount of the tax apportioned to the person’s interest. If the property in possession of the personal representative and distributable to any person interested […]
28A-27-8. Difference with Federal Estate Tax Law. If the liabilities of persons interested in the estate as prescribed by this Article differ from those which result under the Federal Estate Tax Law, the liabilities imposed by the federal law will control and the balance of this Article shall apply as if the resulting liabilities had […]
28A-27-9. Effective date. The provisions of this Article shall not apply to taxes due on account of the death of decedents dying prior to October 1, 1986. (1985 (Reg. Sess., 1986), c. 878, s. 1.)
