North Carolina General Statutes — Chapter 28A
215 sections. Sourced from ncleg.gov; each section links to its full text with case-law cross-references.
- § 28A-1-1 Definitions
- § 28A-2-1 Clerk of superior court
- § 28A-2-3 Jurisdiction where clerk interested
- § 28A-2-4 Subject matter jurisdiction of the clerk of superior court in estate proceedings
- § 28A-2-5 Subject matter jurisdiction of the clerk of superior court in special proceedings
- § 28A-2-6 Commencement of estate proceedings, pleadings, consolidation, and joinder
- § 28A-2-7 Representation of parties
- § 28A-2-8 Waiver of notice
- § 28A-2-9 Appeals of estate proceedings and special proceedings
- § 28A-2-10 Approval of settlement agreements by the clerk
- § 28A-2A-1 Executor may apply for probate
- § 28A-2A-2 Executor failing, beneficiary may apply
- § 28A-2A-3 Clerk to notify devisees of probate of wills
- § 28A-2A-4 Clerk shall compel production of will
- § 28A-2A-5 What shown on application for probate
- § 28A-2A-6 Proof and examination in writing
- § 28A-2A-7 Probate in solemn form
- § 28A-2A-8 Manner of probate of attested written will or certified paper copy of attested written will stored as an electronic record
- § 28A-2A-9 Manner of probate of holographic will
- § 28A-2A-10 Manner of probate of nuncupative will
- § 28A-2A-11 Probate of wills of members of the Armed Forces of the United States
- § 28A-2A-12 Probate conclusive until vacated; substitution of consolidated bank as executor or trustee under will
- § 28A-2A-13 Wills filed in clerk's office; certified copies filed for real property in other counties
- § 28A-2A-14 Validation of wills heretofore certified and recorded
- § 28A-2A-15 Certified copy of will proved in another state or country
- § 28A-2A-16 Examination of witnesses by affidavit
- § 28A-2A-17 Certified copy of will of nonresident recorded
- § 28A-2A-18 Probates validated where proof taken by commissioner or another clerk
- § 28A-2A-19 Probates in another state before 1860 validated
- § 28A-2A-20 Validation of wills recorded without probate by subscribing witnesses
- § 28A-2A-21 Validation of wills admitted on oath of one subscribing witness
- § 28A-2A-22 Validation of probates of wills when witnesses examined before notary public; acts of deputy clerks validated
- § 28A-2A-23 Validation of wills when recorded without order of probate or registration upon oath and examination of subscribing witness or witnesses
- § 28A-2B-1 Establishment before death that a will or codicil is valid
- § 28A-2B-2 Venue
- § 28A-2B-3 Contents of petition for will validity
- § 28A-2B-4 Declaration by court; bar to caveat
- § 28A-2B-5 Confidentiality
- § 28A-2B-6 Costs and attorneys' fees
- § 28A-3-1 Proper county
- § 28A-3-2 Proceedings to determine venue
- § 28A-3-3 Procedure after determination of improper appointment
- § 28A-3-4 Liability of personal representative appointed in improper county
- § 28A-4-1 Order of persons qualified to serve
- § 28A-4-2 Persons disqualified to serve as personal representative
- § 28A-5-1 Renunciation by executor
- § 28A-5-2 Renunciation of right to administer
- § 28A-6-1 Application for letters; grant of letters
- § 28A-6-2 Letters issued without notice; exceptions
- § 28A-6-3 Appointment of successor to personal representative
- § 28A-6-4 Right to contest appointment; procedure
- § 28A-7-1 Oath required before letters issue
- § 28A-8-1 Bond required before letters issue; when bond not required
- § 28A-8-1.1 Deposited money; exclusion in computing amount of bond
- § 28A-8-2 Provisions of bond
- § 28A-8-3 Modification of bond requirements
- § 28A-8-4 Failure to give additional bond; letters revoked
- § 28A-8-5 Rights of surety in danger of loss
- § 28A-8-6 Action against obligors on bond of personal representative
- § 28A-9-1 Revocation after hearing
- § 28A-9-2 Summary revocation
- § 28A-9-3 Effect of revocation
- § 28A-9-4 Appeal; stay effected
- § 28A-9-6 Appointment of successor to personal representative or collector whose letters have been revoked; when not required
- § 28A-9-7 Rights and duties devolve on successor
- § 28A-10-1 Clerk's power to accept resignation
- § 28A-10-2 Contents of petition; notice
- § 28A-10-3 Statement of account; record of conduct
- § 28A-10-4 Hearing; order
- § 28A-10-5 When resignation becomes effective
- § 28A-10-6 Appeal; stay effected
- § 28A-10-7 Rights and duties devolve on successor
- § 28A-10-8 When appointment of successor to personal representative who has resigned is not required
- § 28A-11-1 Appointment and qualifications of collectors
- § 28A-11-2 Oath and bond
- § 28A-11-3 Duties and powers of collectors
- § 28A-11-4 When collectors' powers cease; settlement of accounts
- § 28A-12-1 Appointment and term
- § 28A-12-2 Oath of office
- § 28A-12-3 Qualification and bond
- § 28A-12-4 When public administrator shall apply for letters
- § 28A-12-5 Powers and duties
- § 28A-12-6 Removal from office
- § 28A-12-7 Procedure after removal from office
- § 28A-13-1 Time of accrual of duties and powers
- § 28A-13-2 General duties; relation to persons interested in estate
- § 28A-13-3 Powers of a personal representative or fiduciary
- § 28A-13-4 Continuance of farming operations of deceased persons
- § 28A-13-5 Personal representatives hold in joint tenancy
- § 28A-13-6 Exercise of powers of joint personal representatives by one or more than one
- § 28A-13-7 Powers and duties of successor personal representative
- § 28A-13-8 Powers and duties of administrator with will annexed
- § 28A-13-10 Liability of personal representative
- § 28A-14-1 Notice for claims
- § 28A-14-1.1 Validation of certain notices
- § 28A-14-2 Proof of notice
- § 28A-15-1 Assets of the estate generally
- § 28A-15-2 Title and possession of property
- § 28A-15-3 Nonexoneration of encumbered property
- § 28A-15-4 Encumbered assets
- § 28A-15-5 Order in which assets appropriated; abatement
- § 28A-15-6 Federal income tax refunds - joint returns
- § 28A-15-7 Federal income tax refunds - separate returns
- § 28A-15-8 State income tax returns
- § 28A-15-9 Excess funds
- § 28A-15-10 Assets of decedent's estate for limited purposes
- § 28A-15-12 Actions to recover property of decedent
- § 28A-15-13 Opening and inventory of decedent's safe-deposit box
- § 28A-16-1 Sales or leases without court order
- § 28A-16-2 Sales or leases by court order
- § 28A-17-1 Sales of real property
- § 28A-17-2 Contents of petition for sale
- § 28A-17-3 Petition for partition
- § 28A-17-4 Heirs and devisees necessary parties
- § 28A-17-5 Property subject to sale; conveyance by deceased in fraud of creditors
- § 28A-17-6 Adverse claimant to be heard; procedure
- § 28A-17-7 Order granted if petition not denied; public or private sale; procedure for sale
- § 28A-17-8 Under power in will, sales public or private
- § 28A-17-9 Death of vendor under contract; representative to convey
- § 28A-17-10 Title in personal representative for estate; he or successor to convey
- § 28A-17-11 Personal representative may lease or mortgage
- § 28A-17-12 Sale, lease or mortgage of real property by heirs or devisees
- § 28A-18-1 Survival of actions to and against personal representative
- § 28A-18-2 Death by wrongful act of another; recovery not assets
- § 28A-18-4 Service on or appearance of one binds all
- § 28A-18-5 When creditors may sue on claim; execution in such action
- § 28A-18-6 Service by publication on executor without bond
- § 28A-18-7 Execution by successor in office
- § 28A-18-8 Action to continue, though letters revoked
- § 28A-19-1 Manner of presentation of claims
- § 28A-19-2 Further information or affidavit of claim may be required
- § 28A-19-3 Limitations on presentation of claims
- § 28A-19-4 Payment of claims and charges
- § 28A-19-5 Contingent or unliquidated claims
- § 28A-19-6 Order of payment of claims
- § 28A-19-7 Satisfaction of claims other than by payment
- § 28A-19-8 Funeral expenses of decedent
- § 28A-19-9 Gravestone and burial place authorized
- § 28A-19-10 Perpetual care of cemetery lot
- § 28A-19-11 Pleading statute of limitations
- § 28A-19-12 Claims due representative not preferred
- § 28A-19-13 No preference within class
- § 28A-19-14 Claims not due rebated
- § 28A-19-15 Disputed claim may be referred
- § 28A-19-16 Disputed claim not referred barred in three months
- § 28A-19-17 No lien by suit against representative
- § 28A-19-19 Claims for equitable distribution
- § 28A-20-1 Inventory within three months
- § 28A-20-2 Compelling the inventory
- § 28A-20-3 Supplemental inventory
- § 28A-20-4 Employment of appraisers
- § 28A-21-1 Annual accounts
- § 28A-21-2 Final accounts
- § 28A-21-2.2 Final accounting by limited personal representative
- § 28A-21-3 What accounts must contain
- § 28A-21-4 Clerk may compel account
- § 28A-21-6 Permissive notice of final accounts
- § 28A-22-1 Scheme of distribution; testate and intestate estates
- § 28A-22-2 Shares of after-born and after-adopted children
- § 28A-22-3 Special proceeding against unknown heirs of decedent before distribution of estate
- § 28A-22-4 Distribution to nonresident trustee only upon appointment of process agent
- § 28A-22-5 Distribution of assets in kind in satisfaction of devises and transfers in trust
- § 28A-22-6 Agreements with taxing authorities to secure benefit of federal marital deduction
- § 28A-22-7 Distribution to parent or guardian of a minor
- § 28A-22-9 Distribution to known but unlocated devisees or heirs
- § 28A-22-10 Distribution of assets of inoperative trust
- § 28A-22-11 Agreements with heirs
- § 28A-23-1 Settlement after final account filed
- § 28A-23-2 Payment into court of fund due minor
- § 28A-23-3 Commissions allowed personal representatives; representatives guilty of misconduct or default
- § 28A-23-4 Counsel fees allowable to attorneys serving as representatives
- § 28A-23-5 Reopening administration
- § 28A-24-1 Definitions
- § 28A-24-2 Requirement of survival by 120 hours
- § 28A-24-3 Co-owners with right of survivorship; requirement of survival by 120 hours
- § 28A-24-4 Survival of an event; 120-hour period not applicable
- § 28A-24-5 Victim deemed to survive slayer
- § 28A-24-6 Exceptions to the 120-hour survival requirement
- § 28A-24-7 Evidence of death or status
- § 28A-24-8 Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient
- § 28A-25-1 Collection of property by affidavit when decedent dies intestate
- § 28A-25-1.1 Collection of property by affidavit when decedent dies testate
- § 28A-25-2 Effect of affidavit
- § 28A-25-3 Disbursement and distribution of property collected by affidavit
- § 28A-25-4 Clerk may compel compliance
- § 28A-25-5 Subsequently appointed personal representative or collector
- § 28A-25-6 Payment to clerk of money owed decedent
- § 28A-25-7 Removal of tangible personal property by landlord after death of residential tenant
- § 28A-26-1 Domiciliary and ancillary probate and administration
- § 28A-26-2 Payment of debt and delivery of property to domiciliary personal representative of a nonresident decedent without ancillary administration in this State
- § 28A-26-3 Ancillary administration
- § 28A-26-4 Bonds
- § 28A-26-5 Authority of domiciliary personal representative of a nonresident decedent
- § 28A-26-6 Jurisdiction
- § 28A-26-7 Service on personal representative of a nonresident decedent
- § 28A-26-8 Duties of personal representative in an ancillary administration
- § 28A-27-1 Definitions
- § 28A-27-2 Apportionment
- § 28A-27-3 Procedure for determining apportionment
- § 28A-27-4 Uncollected tax
- § 28A-27-5 Exemptions, deductions, and credits
- § 28A-27-6 No apportionment between temporary and remainder interests
- § 28A-27-7 Fiduciary's rights and duties
- § 28A-27-8 Difference with Federal Estate Tax Law
- § 28A-28-1 Summary administration where spouse is sole beneficiary
- § 28A-28-2 Petition
- § 28A-28-3 Clerk's order
- § 28A-28-4 Effect of order
- § 28A-28-5 Effect of payment
- § 28A-28-7 Right to petition for appointment of personal representative; discharge of spouse's liability
- § 28A-29-1 Notice to creditors without estate administration
- § 28A-29-2 Petition
- § 28A-29-3 Effect of appointment
- § 28A-29-4 Presentation, payment, and limitation of claims
- § 28A-29-5 Right to petition for appointment of personal representative