§ 28A-22-7 – Distribution to parent or guardian of a minor.
28A-22-7. Distribution to parent or guardian of a minor. (a) If a devise of personal property to a person under the age of 18 has a total value of less than five thousand dollars ($5,000), and the devisee is residing in the same household with a parent or a guardian appointed prior to the decedent’s […]
§ 28A-22-8 – Executor or trustee; discretion over distributions.
28A-22-8. Executor or trustee; discretion over distributions. Unless otherwise restricted by the terms of the will or trust, an executor or trustee shall have absolute discretion to make distributions in cash or in specific property, real or personal, or an undivided interest therein or partly in cash or partly in such property, and to do […]
§ 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-21-3 – What accounts must contain.
28A-21-3. What accounts must contain. Accounts filed with the clerk of superior court pursuant to G.S. 28A-21-1, signed and under oath, shall contain: (1) The period which the account covers and whether it is an annual accounting or a final accounting; (2) The amount and value of the property of the estate according to the […]
§ 28A-21-4 – Clerk may compel account.
28A-21-4. Clerk may compel account. If any personal representative or collector fails to account as directed in G.S. 28A-9-3, 28A-21-1 or 28A-21-2 or renders an unsatisfactory account, the clerk of superior court shall, upon motion of the clerk of superior court or upon the request of one or more creditors of the decedent or other […]
§ 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 […]