§ 35A-1312 – Proceeding valid in passing title.
35A-1312. Proceeding valid in passing title. Any mortgage, deed, or deed of trust executed under authority of this Article by a regularly conducted special proceeding as provided shall have the force and effect of passing title to said property to the same extent as a deed executed jointly by husband and wife, where both are […]
§ 35A-1313 – Clerk may direct application of funds; purchasers and mortgagees protected.
35A-1313. Clerk may direct application of funds; purchasers and mortgagees protected. In all cases conducted under this Article it shall be competent for the court, in its discretion, to direct the application of funds arising from a sale or mortgage of such property in such manner as may appear necessary or expedient for the protection […]
§ 35A-1314 – Prior sales and mortgages validated.
35A-1314. Prior sales and mortgages validated. Any and all special proceedings under which estates by the entireties have been sold or mortgaged prior to March 5, 1935, under circumstances contemplated in this Article are hereby in all respects ratified and confirmed, provided that such proceeding or proceedings are otherwise regular and conformable to law. (1935, […]
§ 35A-1294 – Estates without guardians.
35A-1294. Estates without guardians. (a) Whenever a general guardian or guardian of the estate is removed, resigns, or stops serving without making a full and proper accounting, the successor guardian, or the clerk if there is no successor guardian, shall initiate a proceeding to compel an accounting. The surety or sureties on the previous guardian’s […]
§ 35A-1295 – Termination of guardianship.
35A-1295. Termination of guardianship. (a) Every guardianship shall be terminated and all powers and duties of the guardian provided in Article 9 of this Chapter shall cease when the ward: (1) Ceases to be a minor as defined in G.S. 35A-1202(12), (2) Is adjudicated to be restored to competency pursuant to the provisions of G.S. […]
§ 35A-1301 – Special proceedings to sell, exchange, mortgage, or lease.
35A-1301. Special proceedings to sell, exchange, mortgage, or lease. (a) Whenever used herein, the word "guardian" shall be construed to include general guardian, guardian of the estate, ancillary guardian, next friend, guardian ad litem, or commissioner of the court acting pursuant to this Article, but not a guardian who is guardian of the person only; […]
§ 35A-1273 – When letters issue to public guardian.
35A-1273. When letters issue to public guardian. The public guardian shall apply for and obtain letters of guardianship in the following cases: (1) When a period of six months has elapsed from the discovery of any property belonging to any minor or incompetent person without guardian. (2) When any person entitled to letters of guardianship […]
§ 35A-1280 – Appointment of ancillary guardian.
35A-1280. Appointment of ancillary guardian. (a) A clerk may appoint an ancillary guardian whenever it appears by petition or application and due proof to the satisfaction of the clerk that: (1) There is in the county of the clerk’s jurisdiction real or personal property in which a nonresident of the State of North Carolina has […]
§ 35A-1281 – Removal of ward's personalty from State.
35A-1281. Removal of ward’s personalty from State. (a) For purposes of this section, the term "personal estate" means: (1) Personal property; (2) Personal property substituted for realty by decree of court; (3) Any money arising from the sale of real estate, whether the same be in the hands of any guardian residing in this State; […]
§ 35A-1290 – Removal by Clerk.
35A-1290. Removal by Clerk. (a) The clerk has the power and authority on information or complaint made to remove any guardian appointed under the provisions of this Subchapter, to appoint successor guardians, and to make rules or enter orders for the better management of estates and the better care and maintenance of wards and their […]