§ 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 […]
§ 28A-20-2 – Compelling the inventory.
28A-20-2. Compelling the inventory. (a) If the inventory specified in G.S. 28A-20-1 is not filed as prescribed, the clerk of superior court must issue an order requiring the personal representative or collector to file it within the time specified in the order, not less than 20 days, or to show cause why the personal representative […]
§ 28A-20-3 – Supplemental inventory.
28A-20-3. Supplemental inventory. (a) Whenever any property not included in the original inventory report becomes known to any personal representative or collector or whenever the personal representative or collector learns that the valuation or description of any property or interest therein indicated in the original inventory is erroneous or misleading, the personal representative or collector […]
§ 28A-20-4 – Employment of appraisers.
28A-20-4. Employment of appraisers. A personal representative or collector may, but shall not be required to, employ qualified and disinterested appraisers to assist in ascertaining the fair market value as of the date of the decedent’s death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed […]
§ 28A-19-8 – Funeral expenses of decedent.
28A-19-8. Funeral expenses of decedent. (a) Any person authorized under G.S. 130A-420 to dispose of a decedent’s body may bind a decedent’s estate for funeral expenses and related charges, including interest and finance charges, in accordance with this section, including the execution and delivery on behalf of the estate of any agreements, promissory notes, and […]
§ 28A-19-9 – Gravestone and burial place authorized.
28A-19-9. Gravestone and burial place authorized. (a) If the decedent has duly appointed a health care agent pursuant to Article 3 of Chapter 32A of the General Statutes to provide for these expenses, the health care agent may make arrangements to provide a suitable gravestone to mark the grave of the testator or intestate, and […]
§ 28A-19-10 – Perpetual care of cemetery lot.
28A-19-10. Perpetual care of cemetery lot. It shall be lawful for a personal representative to provide for perpetual care for the lot upon which is located the grave of the testator or intestate, and the cost thereof shall be paid and credited as such in final accounts: Provided, that the provisions of this section shall […]
§ 28A-19-11 – Pleading statute of limitations.
28A-19-11. Pleading statute of limitations. When claims are not barred pursuant to G.S. 28A-19-3, it shall be within the discretion of the personal representative or collector acting in good faith to determine whether or not any applicable statute of limitations shall be pleaded to bar a claim which the personal representative or collector believes to […]