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Home » US Law » 2022 North Carolina General Statutes » Chapter 28A - Administration of Decedents' Estates » Article 13 - Representative's Powers, Duties and Liabilities.

§ 28A-13-1 – Time of accrual of duties and powers.

28A-13-1. Time of accrual of duties and powers. The duties and powers of a personal representative commence upon the personal representative’s appointment. The powers of a personal representative relate back to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. However, […]

§ 28A-13-10 – Liability of personal representative.

28A-13-10. Liability of personal representative. (a) Property of Estate. – A personal representative shall be liable for and chargeable in the personal representative’s accounts with all of the estate of the decedent which comes into the personal representative’s possession at any time, including all the income therefrom; but the personal representative shall not be liable […]

§ 28A-13-2 – General duties; relation to persons interested in estate.

28A-13-2. General duties; relation to persons interested in estate. A personal representative is a fiduciary who, in addition to the specific duties stated in this Chapter, is under a general duty to settle the estate of the personal representative’s decedent as expeditiously and with as little sacrifice of value as is reasonable under all of […]

§ 28A-13-3 – Powers of a personal representative or fiduciary.

28A-13-3. Powers of a personal representative or fiduciary. (a) Except as qualified by express limitations imposed in a will of the decedent or a court order, and subject to the provisions of G.S. 28A-13-6 respecting the powers of joint personal representatives, a personal representative has the power to perform in a reasonable and prudent manner […]

§ 28A-13-4 – Continuance of farming operations of deceased persons.

28A-13-4. Continuance of farming operations of deceased persons. When any person dies while engaged in farming operations, the decedent’s personal representative is authorized to continue such farming operations until the end of the current calendar year, and until all crops grown during that year are harvested. The net income from such farming operations shall be […]

§ 28A-13-5 – Personal representatives hold in joint tenancy.

28A-13-5. Personal representatives hold in joint tenancy. Any estate or interest in property which becomes vested in two or more personal representatives shall be held by them in joint tenancy with the incident of survivorship. (1868-9, c. 113, s. 74; Code, s. 1502; Rev., s. 166; C.S., s. 172; 1973, c. 1329, s. 3.)

§ 28A-13-7 – Powers and duties of successor personal representative.

28A-13-7. Powers and duties of successor personal representative. A successor personal representative is one appointed to succeed a personal representative whose appointment has terminated by death, resignation or revocation. Unless a contrary intent clearly appears from the will, a successor personal representative has all the powers and duties, discretionary or otherwise, of the original personal […]

§ 28A-13-8 – Powers and duties of administrator with will annexed.

28A-13-8. Powers and duties of administrator with will annexed. When an administrator with the will annexed has been appointed, whether or not the administrator is succeeding a previously appointed personal representative, that administrator has the same powers and duties, discretionary or otherwise, as if the administrator had been named executor in the will, unless a […]

§ 28A-13-9 – Powers of surviving personal representative.

28A-13-9. Powers of surviving personal representative. When one or more of those nominated as coexecutors in a will is not appointed, or when the appointment of one or more joint personal representatives is terminated, every power granted to such joint personal representatives may be exercised by the surviving representative or representatives; provided that nothing to […]