§ 28A-22-9 – Distribution to known but unlocated devisees or heirs.
28A-22-9. Distribution to known but unlocated devisees or heirs. (a) If there are known but unlocated devisees or heirs of property held by the personal representative, the personal representative may deliver the share of such devisee or heir to the clerk of superior court immediately prior to filing of the final account. If the devisee […]
§ 28A-22-10 – Distribution of assets of inoperative trust.
28A-22-10. Distribution of assets of inoperative trust. When the facts at the time of distribution of property to a trust are such that the trust would be inoperative under the terms of the instrument creating the trust for any reason, including the death of a beneficiary, renunciation by a beneficiary, the exercise of a right […]
§ 28A-22-11 – Agreements with heirs.
28A-22-11. Agreements with heirs. Any agreement by an heir, unknown or known but unlocated, the primary purpose of which is to locate or recover, or assist in the recovery of, a share in a decedent’s estate shall be subject to the provisions of Article 4 of Chapter 116B of the General Statutes. (2009-312, s. 3; […]
§ 28A-23-1 – Settlement after final account filed.
28A-23-1. Settlement after final account filed. When the personal representative or collector has paid or otherwise satisfied or provided for all claims against the estate, has distributed the remainder of the estate pursuant to G.S. 28A-22-1 and has filed the personal representative’s or collector’s final account for settlement pursuant to G.S. 28A-21-2, if the clerk […]
§ 28A-23-2 – Payment into court of fund due minor.
28A-23-2. Payment into court of fund due minor. When any personal representative or collector holds property due a minor without a guardian and desires to file the personal representative’s or collector’s petition for settlement, the personal representative or collector may deliver the property to the clerk of superior court who shall invest upon interest or […]
§ 28A-23-3 – Commissions allowed personal representatives; representatives guilty of misconduct or default.
28A-23-3. Commissions allowed personal representatives; representatives guilty of misconduct or default. (a) Personal representatives, collectors or public administrators shall be entitled to commissions to be fixed in the discretion of the clerk of superior court not to exceed five percent (5%) upon the amounts of receipts, including the value of all personal property when received, […]
§ 28A-21-5 – Vouchers presumptive evidence.
28A-21-5. Vouchers presumptive evidence. Vouchers, without other proof, are presumptive evidence of disbursement, unless impeached. If lost, the accounting party must, if required, make oath to that fact setting forth the manner of loss, and state the contents and purport of the voucher. (C.C.P., s. 480; Code, s. 1401; Rev., s. 101; C.S., s. 107; […]
§ 28A-21-6 – Permissive notice of final accounts.
28A-21-6. Permissive notice of final accounts. The personal representative or collector may, but is not required to, give written notice of a proposed final account pursuant to G.S. 1A-1, Rule 4, to all devisees of the estate in the case of testacy, and to all heirs of the estate in the case of intestacy, of […]
§ 28A-22-1 – Scheme of distribution; testate and intestate estates.
28A-22-1. Scheme of distribution; testate and intestate estates. After the payment of costs of administration, taxes and other valid claims against the decedent’s estate, the personal representative shall distribute the remaining assets of the estate in accordance with the terms of decedent’s valid probated will or the provisions of Chapter 29 of the General Statutes […]
§ 28A-22-2 – Shares of after-born and after-adopted children.
28A-22-2. Shares of after-born and after-adopted children. The share of an after-born or after-adopted child, as provided by G.S. 29-9 and 31-5.5, shall be allotted to the after-born or after-adopted child out of any undevised real or personal property, or out of both, if there is enough such undevised property for that purpose. If there […]