North Carolina General Assembly
NC General Statutes
Chapter 28A - Administration of Decedents' Estates.
The Statutes on the North Carolina General Assembly website reflect changes made in the
legislative session, through 7/30/2016.
§ 28A-1-1. Definitions.
§ 28A-1-2. Repealed by Session Laws 1979, c. 88, s. 2.
Jurisdiction for Probate of Wills and Administration of Estates of Decedents.
§ 28A-2-1. Clerk of superior court.
§ 28A-2-2. Assistant 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.
Probate of Will.
§ 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.
§ 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-3-5. Waiver of venue.
§ 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-6-5. Letters not subject to collateral attack.
§ 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-9-5. Interlocutory orders.
§ 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-11-5. Compensation.
§ 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-12-8. Compensation.
§ 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-13-9. Powers of surviving personal representative.
§ 28A-13-10. Liability of personal representative.
Notice to Creditors.
§ 28A-14-1. Notice for claims.
§ 28A-14-1.1. Validation of certain notices.
§ 28A-14-2. Proof of notice.
§ 28A-14-3. Personal notice to creditor.
Assets; Discovery of Assets.
§ 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-15-9.1: Repealed by Session Laws 2011-326, s. 6, effective June 27, 2011.
§ 28A-15-10. Assets of decedent's estate for limited purposes.
§ 28A-15-11. Debt due from personal representative not discharged by appointment.
§ 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-16-3. Sales of household furnishings.
Sales, Leases or Mortgages of Real Property.
§ 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-17-13. Prior validating acts.
§ 28A-18-1. Survival of actions to and against personal representative.
§ 28A-18-2. Death by wrongful act of another; recovery not assets.
§ 28A-18-3. To sue or defend in representative capacity.
§ 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-19-18. When costs against representative allowed.
§ 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-21-2.1: Reserved for future codification purposes.
§ 28A-21-2.2. Final accounting by limited personal representative.
§ 28A-21-3. What accounts must contain.
§ 28A-21-3.1: Repealed by Session Laws 2011-326, s. 6, effective June 27, 2011.
§ 28A-21-4. Clerk may compel account.
§ 28A-21-5. Vouchers presumptive evidence.
§ 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-22-8. Executor or trustee; discretion over distributions.
§ 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.
Foreign Personal Representatives and Ancillary Administration.
§ 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-26-9. Remission of surplus assets by ancillary personal representative to domiciliary personal representative.
Apportionment of Federal Estate Tax.
§ 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-27-9. Effective date.
§ 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-28-6. Spouse's assumption of liabilities.
§ 28A-28-7. Right to petition for appointment of personal representative; discharge of spouse's liability.
Notice to Creditors Without Estate Administration.
§ 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.