§ 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 […]
§ 28A-22-3 – Special proceeding against unknown heirs of decedent before distribution of estate.
28A-22-3. Special proceeding against unknown heirs of decedent before distribution of estate. If there may be heirs, born or unborn, of the decedent, other than those known to the personal representative and whose names and residences are unknown, before distributing such estate the personal representative is authorized to institute a special proceeding before the clerk […]
§ 28A-22-4 – Distribution to nonresident trustee only upon appointment of process agent.
28A-22-4. Distribution to nonresident trustee only upon appointment of process agent. (a) No assets of the estate of a decedent subject to administration in this State shall be delivered or transferred to a trustee of a testamentary trust or an inter vivos trust who is a nonresident of this State who has not appointed a […]
§ 28A-22-5 – Distribution of assets in kind in satisfaction of devises and transfers in trust.
28A-22-5. Distribution of assets in kind in satisfaction of devises and transfers in trust. (a) Subject to the provisions of subsection (b) of this section, whenever under any will or trust indenture the executor, trustee or other fiduciary is required to, or has an option to, satisfy a devise or transfer in trust by a […]
§ 28A-22-6 – Agreements with taxing authorities to secure benefit of federal marital deduction.
28A-22-6. Agreements with taxing authorities to secure benefit of federal marital deduction. The executor, trustee, or other fiduciary having discretionary powers under a will or trust indenture with respect to the selection of assets to be distributed in satisfaction of a devise or transfer in trust to or for the benefit of the surviving spouse […]
§ 28A-19-17 – No lien by suit against representative.
28A-19-17. No lien by suit against representative. No lien shall be created by the commencement of a suit against a personal representative or collector. (1868-9, c. 113, s. 41; Code, s. 1432; Rev., s. 95; C.S., s. 102; 1973, c. 1329, s. 3.)
§ 28A-19-18 – When costs against representative allowed.
28A-19-18. When costs against representative allowed. No costs shall be recovered in any action against a personal representative or collector unless it appears that payment was unreasonably delayed or neglected, or that the defendant refused to refer the matter in controversy, in which case the court may award such costs against the defendant personally, or […]
§ 28A-19-19 – Claims for equitable distribution.
28A-19-19. Claims for equitable distribution. (a) The provisions of G.S. 28A-19-5 and G.S. 28A-19-7 shall not apply to claims for equitable distribution. (b) The personal representative may enter into an agreement, in writing, with a claimant providing for distribution of marital or divisible property, or both, in a manner deemed by the personal representative and […]
§ 28A-20-1 – Inventory within three months.
28A-20-1. Inventory within three months. Unless the time for filing the inventory has been extended by the clerk of superior court, every personal representative and collector, within three months after the qualification of that personal representative or collector, shall return to the clerk, on oath, a just, true and perfect inventory of all the real […]