§ 28A-26-9 – Remission of surplus assets by ancillary personal representative to domiciliary personal representative.
28A-26-9. Remission of surplus assets by ancillary personal representative to domiciliary personal representative. Unless a testator in a will otherwise directs, any assets (including proceeds from the sale of real estate) remaining after payment of claims against the estate of a nonresident decedent being administered by an ancillary personal representative other than the domiciliary personal […]
§ 28A-27-1 – Definitions.
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.
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.
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.
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.
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-26-2 – Payment of debt and delivery of property to domiciliary personal representative of a nonresident decedent without ancillary administration in this State.
28A-26-2. Payment of debt and delivery of property to domiciliary personal representative of a nonresident decedent without ancillary administration in this State. (a) At any time after the expiration of 60 days from the death of a nonresident decedent, any resident of this State indebted to the estate of the nonresident decedent or having possession […]
§ 28A-26-3 – Ancillary administration.
28A-26-3. Ancillary administration. (a) Any domiciliary personal representative of a nonresident decedent upon the filing of a certified or exemplified copy of letters of appointment with the clerk of superior court who has venue under G.S. 28A-3-1 may be granted ancillary letters in this State notwithstanding that the domiciliary personal representative is a nonresident of […]
§ 28A-26-4 – Bonds.
28A-26-4. Bonds. (a) Subject to the exception in subsection (b), any personal representative, including a domiciliary personal representative, who is granted ancillary letters of administration in this State must satisfy the bond requirements prescribed in Article 8 of this Chapter. (b) Where a citizen or subject of a foreign country, or of any other state […]
§ 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 […]