§ 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-26-1 – Domiciliary and ancillary probate and administration.
28A-26-1. Domiciliary and ancillary probate and administration. The domiciliary, or original, administration of the estates of all decedents domiciled in North Carolina at the time of death shall be under the jurisdiction of this State and of a proper clerk of superior court in this State, and the original probate of all wills of such […]
§ 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-24-5 – Victim deemed to survive slayer.
28A-24-5. Victim deemed to survive slayer. Notwithstanding any other provisions of this Article, solely for the purpose of determining whether the victim is entitled to any right or benefit that depends on surviving the death of a slayer under G.S. 31A-3, the slayer is deemed to have predeceased the victim and the victim is deemed […]
§ 28A-24-6 – Exceptions to the 120-hour survival requirement.
28A-24-6. Exceptions to the 120-hour survival requirement. Survival by 120 hours is not required if any of the following apply: (1) The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and the language is operable under the facts of the case. (2) The governing instrument expressly indicates that […]
§ 28A-24-7 – Evidence of death or status.
28A-24-7. Evidence of death or status. For purposes of this Article, the following rules of evidence apply relating to the determination of death and status of a beneficiary subject to a requirement of survivorship and of the person the beneficiary must survive: (1) Death occurs when an individual is determined to be dead pursuant to […]
§ 28A-24-8 – Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient.
28A-24-8. Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient. (a) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a person designated in a governing instrument who, under this Article, is not entitled […]