28A-28-1. Summary administration where spouse is sole beneficiary. When a decedent dies testate or intestate leaving a surviving spouse as the sole devisee or heir, the surviving spouse may file a petition for summary administration with the clerk of superior court of the county where the decedent was domiciled at the time of death. This […]
28A-28-2. Petition. (a) The petition shall be signed by the surviving spouse and verified to be accurate and complete to the best of the spouse’s knowledge and belief and shall state as follows: (1) The name and address of the spouse and the fact that the spouse is the surviving spouse of the decedent; (2) […]
28A-28-3. Clerk’s order. If it appears to the clerk that the petition and supporting evidence, if any, comply with the requirements of G.S. 28A-28-2 and on the basis thereof the spouse is entitled to summary administration, the clerk shall enter an order to that effect and no further administration of the estate is necessary. Nothing […]
28A-28-4. Effect of order. (a) The presentation of a certified copy of the order described in G.S. 28A-28-3 shall be sufficient to require the transfer to the spouse of any property or contract right owned by the decedent at the time of death, including but not limited to: (i) wages and salary; (ii) the title […]
28A-28-5. Effect of payment. The person paying, delivering, transferring, or issuing property or the evidence thereof pursuant to the order described in G.S. 28A-28-3 is discharged and released to the same extent as if the person dealt with a duly qualified personal representative of the decedent. The person is not required to see to the […]
28A-28-6. Spouse’s assumption of liabilities. If the clerk grants the order for summary administration, the spouse shall be deemed to have assumed, to the extent of the value of the property received by the spouse under the will of the decedent or by intestate succession, all liabilities of the decedent that were not discharged by […]
28A-28-7. Right to petition for appointment of personal representative; discharge of spouse’s liability. (a) Nothing in this Article shall preclude any person qualified to serve as personal representative pursuant to G.S. 28A-4-1, including the surviving spouse, from petitioning the clerk of superior court for the appointment of a personal representative or collector to administer the […]
