28C-1. Death not presumed from seven years’ absence; exposure to peril to be considered. (a) Death Not to Be Presumed from Mere Absence. – In any action under this Chapter, where the death of a person and the date thereof, or either, is in issue the fact that he has been absent from his place […]
28C-10. Claims against absentee. Immediately upon the appointment of a permanent receiver under this Chapter, the permanent receiver shall publish a notice addressed to all persons having claims against the absentee informing them of the action taken and requiring them to file their claims under oath with the permanent receiver. If any claimant fails to […]
28C-11. Final finding and decree. (a) At any time, during the receivership proceedings, upon application to the judge by any party in interest and presentation of satisfactory evidence of the absentee’s death, the judge may make a final finding and decree that the absentee is dead; in which event the decree and transcript of all […]
28C-12. Termination of receivership. Upon the entry of any final finding and decree as provided in G.S. 28C-11, the judge shall proceed to wind up the receivership and terminate the proceedings: (1) In the case of a decree under G.S. 28C-11, subsection (a), that the absentee is dead: a. By satisfying all outstanding expenses and […]
28C-13. Distribution of property of absentee. The property remaining for distribution in accordance with the provisions of G.S. 28C-12, subdivision (3)d shall be transferred or distributed by the receiver and in accordance with the judge’s decree to those persons who would be entitled thereto under the applicable laws of intestate succession as though the absentee […]
28C-14. Additional limitations on accounting, distribution or making claim by absentee. If, at the time of the hearing in G.S. 28C-6 wherein a permanent receiver is appointed by the judge after a finding of disappearance as of a stated date, the date of disappearance so found is more than four years prior to the date […]
28C-15. When claim of absentee barred. No action shall be brought by an absentee to recover any portion of the property which is the subject of this proceeding after a final finding and decree as provided for in G.S. 28C-11(a) or 28C-11(c). (1965, c. 815, s. 1; 1973, c. 1329, s. 2.)
28C-16. Laws of administration of estates applicable. Except as otherwise provided in this Chapter, the laws of this State applicable to administration of decedents’ estates as to the amount and type of bond, inventories, reports, priority of creditors, compensation and court costs shall govern receivers appointed under this Chapter. (1965, c. 815, s. 1; 1973, […]
28C-17. Appointment of public administrator as receiver for estate of less than $1,000. Whenever a receiver is to be appointed under this Chapter, and it is found by the judge that the fair value of the estate involved is less than one thousand dollars ($1,000), the judge shall appoint the public administrator as such receiver, […]
28C-18. Payment of insurance policies. (a) At the time of the distribution under G.S. 28C-13 the judge may direct the payment of any sums as they become due on any policies of insurance upon the life of the absentee, to the proper parties as their interest may appear. (b) If the insurer refuses payment, the […]
28C-19. Absentee Insurance Fund. (a) In each case of termination of the receivership, as provided in G.S. 28C-12, subdivisions (1) and (3), the judge shall set aside the sum therein named for the Absentee Insurance Fund and direct its payment by the receiver to the Treasurer of the State, who shall be liable therefor upon […]
28C-2. Action for receiver; contents of complaint; parties. (a) Action for Receiver to Be Instituted in the Superior Court. – If any person having an interest in any property in this State disappears and is absent from his place of residence and after diligent inquiry his whereabouts remains unknown to those persons most likely to […]
28C-20. Provisions applicable to person held incommunicado in foreign country. As to a person who is known to be held incommunicado in a foreign country, G.S. 28C-1 through 28C-8 and G.S. 28C-10 may be applied as though the person were an absentee within the meaning of this Chapter, and if the person’s whereabouts becomes unknown, […]
28C-21. When agents’ acts binding on estate of absentee. Acts of an agent of an absentee, carried out in good faith, prior to the appointment of a receiver under this Chapter, shall be binding on the estate of such absentee if said acts were within the scope of the agent’s real or apparent authority. (1965, […]
28C-22. Provisions of Chapter severable. If any provisions of this Chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter […]
28C-3. Procedure on complaint. Upon the filing of the complaint referred to in G.S. 28C-2, the judge may for cause shown appoint a temporary receiver to take charge of the property of the absentee to conserve it pending hearing on the complaint. Such temporary receiver shall qualify by giving bond in an amount and with […]
28C-4. Notice to interested persons. Upon the filing of the inventory by the temporary receiver, the judge shall issue a notice reciting the substance of the complaint and the appointment and action of the temporary receiver. This notice shall be addressed to such absentee, to all persons who would have an interest in the estate […]
28C-5. Service of notices. All notices required under this Chapter shall be served on all parties to the action and on all other persons entitled to such notice in the manner now prescribed by Rules of Civil Procedure, and in addition thereto the absentee shall be served by publication once in each of four successive […]
28C-6. Procedure after notice. The absentee or any person entitled to notice as provided in G.S. 28C-4 may appear and show cause why a permanent receiver of the absentee’s property should not be appointed to hold and dispose of the property under the provisions of this Chapter. The judge may, after the hearing, either dismiss […]
28C-7. Property transferred to permanent receiver by order of judge; filing of inventory; recordation of order of transfer. Upon the permanent receiver giving bond as required by G.S. 28C-16 and its approval by the judge, the judge shall order the temporary receiver to transfer and deliver to the permanent receiver custody and control of the […]
