§ 28C-7 – Property transferred to permanent receiver by order of judge; filing of inventory; recordation of order of transfer.
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 […]
§ 28C-8 – Powers and duties of permanent receiver.
28C-8. Powers and duties of permanent receiver. The permanent receiver shall under the direction of the judge administer the absentee’s property as an equity receivership with the following powers: (1) To take custody and control of all property of the absentee wherever situated, (2) To collect all debts due to the absentee and to pay […]
§ 28C-9 – Search for absentee.
28C-9. Search for absentee. The judge shall by order direct the receiver to make a search for the absentee. The order shall specify the manner in which the search is to be conducted in order to insure that, in the light of the circumstances of the particular case, a diligent and reasonable effort be made […]
§ 28C-10 – Claims against absentee.
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.
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.
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.
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.
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-4 – Notice to interested persons.
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-1 – Death not presumed from seven years' absence; exposure to peril to be considered.
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 […]