N.C. Gen. Stat. » Chapter 28A
NC General Statutes

N.C. Gen. Stat. § 28A-3-3 (2026)

Procedure after determination of improper appointment

✓ current as of July 2026
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Where a person has been improperly appointed, and a different person in another county is determined under G.S. 28A-3-2(a) to be the properly appointed personal representative, such improperly appointed personal representative shall surrender to the properly appointed personal representative all assets of the estate under control of the improperly appointed personal representative. In addition such improperly appointed personal representative shall file an accounting with the clerk of superior court in the proper county according to the form prescribed for collectors by G.S. 28A-11-4. (1973, c. 1329, s. 3; 2011-344, s. 4.)

 

Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: In re Taylor, 774 S.E.2d 863 (N.C. Ct. App. 2015).
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In re Taylor, 774 S.E.2d 863 (N.C. Ct. App. 2015). · cites it 3× “Specifically, the Court explained that [i]n other contexts, when the legislature has intended for the clerk to possess discretionary authority over commissions and attorney's fees, it specifically has set forth this authority, prefaced with the use of "may" or "in the discretion…”
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