§ 30-31.2 – Execution.
30-31.2. Execution. If the clerk’s judgment is not appealed as provided in G.S. 1-301.2, execution shall issue to enforce the judgment as in like cases under Article 28 of Chapter 1 of the General Statutes. (2011-344, s. 7.)
§ 30-25 – Personal representative entitled to credit.
30-25. Personal representative entitled to credit. Upon the settlement of the accounts of the personal representative, the personal representative shall be credited with the articles assigned, and the value of the deficiency assessed as aforesaid, if the same shall have been paid, unless the allowance be impeached for fraud or gross negligence in him. (1868-9, […]
§ 30-27 – Surviving spouse or child may apply to superior court.
30-27. Surviving spouse or child may apply to superior court. In addition to any support otherwise assigned to the surviving spouse or child under this Article, without application to the personal representative, the surviving spouse, or the child through the child’s guardian or next friend may, after the date specified in the general notice to […]
§ 30-28 – Nature of proceeding; parties.
30-28. Nature of proceeding; parties. The application shall be by petition in a special proceeding before the clerk of superior court. The personal representative of the deceased, if there is one other than the petitioner, all known creditors, and all known heirs of the deceased, if the deceased is intestate, and devisees of the deceased, […]
§ 30-29 – What petition must show.
30-29. What petition must show. In the petition the petitioner shall set forth, besides the facts entitling petitioner to a year’s support and the value of the support claimed, the further facts that the personal estate of which the decedent died possessed exceeded sixty thousand dollars ($60,000) and also whether or not an allowance has […]
§ 30-30 – Judgment.
30-30. Judgment. The clerk of superior court shall hear the matter and determine whether the petitioner is entitled to some or all of the relief sought and, if the clerk determines that the petitioner is so entitled, the clerk shall determine the money or other personal property of the estate and assign to the petitioner […]
§ 30-31 – Amount of allowance.
30-31. Amount of allowance. The clerk of superior court may assign to the petitioner a value sufficient for the support of petitioner according to the estate and condition of the decedent and without regard to the limitations set forth in this Chapter; but the value allowed shall be fixed with due consideration for other persons […]
§ 30-31.1 – Service of judgment and appeal.
30-31.1. Service of judgment and appeal. The petitioner shall serve the clerk’s judgment on all other parties. The judgment also shall be filed in the estate file of the deceased. Any aggrieved party may appeal the judgment in accordance with G.S. 1-301.2. (2011-344, s. 7.)
§ 30-20 – Procedure for assignment.
30-20. Procedure for assignment. Upon the application of the surviving spouse, a child by the child’s guardian or next friend, or the personal representative of the deceased, the clerk of superior court of the county in which the deceased resided may assign the inquiry to a magistrate of the county. The clerk of court, or […]
§ 30-21 – Report of clerk or magistrate.
30-21. Report of clerk or magistrate. The clerk of court, or magistrate upon assignment, shall make and sign three lists of the money or other personal property assigned to each person, stating their quantity and value, and the deficiency to be paid by the personal representative. Where the allowance is to the surviving spouse, one […]