If a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his personal representative or collector after the expiration of that time, and within one year from his death. If a person against whom an action may be brought dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his personal representative or collector after the expiration of that time; provided, the action is brought or notice of the claim upon which the action is based is presented to the personal representative or collector within the time specified for the presentation of claims in G.S. 28A-19-3. If the claim upon which the cause of action is based is filed with the personal representative or collector within the time above specified, and its validity is admitted in writing by him, it is not necessary to bring an action upon such claim to prevent the bar, but no action shall be brought against the personal representative or collector upon such claim after his final settlement. (C.C.P., s. 43; 1881, c. 80; Code, s. 164; Rev., s. 367; C.S., s. 412; 1977, c. 446, s. 2.)
Notes of Decisions
Cited in
17
cases (
1 in the last 5 years), 1949–2025 · leading case:
Shaw v. Mintz, 564 S.E.2d 593 (N.C. Ct. App. 2002).
Shaw v. Mintz, 564 S.E.2d 593 (N.C. Ct. App. 2002).
· cites it 76× “The dispositive issue in this case is whether a personal representative must be appointed to administer the estate of a negligent decedent before a plaintiff is entitled to the N.C. Gen.Stat. § 1-22 suspension of the three-year statute of limitations in her claim against the…”
Walker v. Montclaire Hous. Partners, 736 F. Supp. 1358 (M.D.N.C. 1990).
· cites it 12× “Plaintiffs argue that because Hill died on March 14, 1987, the running of the two year statute of limitation set out in section 78A-56(f) was tolled for one year by N.C. Gen.Stat. § 1-22 (1983). Section 1-22 states in pertinent part: If a person entitled to bring an action dies…”
Mabry v. Huneycutt, 562 S.E.2d 292 (N.C. Ct. App. 2002).
· cites it 14× “That statute provides, in pertinent part: If a person against whom an action may be brought dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his personal representative or collector…”
Lassiter v. Faison, 432 S.E.2d 373 (N.C. Ct. App. 1993).
· cites it 10× “In cases where plaintiffs personal injury action arose against a living person who became deceased before the general three-year statute of limitations had run, N.C. Gen. Stat. § 1-22 , provides in pertinent part: § 1-22.”
Ingram v. Smith, 191 S.E.2d 390 (N.C. Ct. App. 1972).
· cites it 6× “Although in fact more than ten years have passed since the judgment was entered, whether the ten-year statute of limitations has run to bar suit depends upon the effect of G.S. 1-22, since the defendant, H. F. Garner is now deceased.”
Huggard v. Wake Cnty. Hosp. Sys., Inc., 403 S.E.2d 568 (N.C. Ct. App. 1991).
· cites it 2× “§ 1-21 (statute tolled by absence of defendant from state); G.S. § 1-22 (effect of death of plaintiff before limitations period expires); G.”
Taylor v. Norfolk S. Ry. Co., 86 F. Supp. 3d 448 (M.D.N.C. 2015).
“June 27, 2011) (applying North Carolina law and holding that statute of limitations defense could be raised against personal representative as it could have been raised against decedent). But if the decedent dies before the underlying claim expires, the personal representative…”
Prentzas v. Prentzas, 131 S.E.2d 678 (N.C. 1963).
“G.S. 1-22. Helen qualified as administratrix 12 November 1952.”
Williams v. Johnson, 53 S.E.2d 277 (N.C. 1949).
“, and to protect himself against the running of the statute of limitations as against the debt, G.S. 1-22, he must file his claim with the personal representative of the deceased.”
Wright v. Smith, 564 S.E.2d 613 (N.C. Ct. App. 2002).
· cites it 23× “N.C. Gen. Stat. § 1-22 (1999) states: If a person against whom an action may be brought dies before the esqnration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his personal representative or collector…”
Hodge v. Perry, 122 S.E.2d 677 (N.C. 1961).
· cites it 2× “G.S. 1-22, in pertinent part, provides: “If a person against whom an action may be brought dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his personal representative after the…”
Gelder & Assocs., Inc. v. Huggins, 278 S.E.2d 295 (N.C. Ct. App. 1981).
“G.S. 1-22 provides in pertinent part that: If a person against whom an action may be brought dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his personal representative or collector…”
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