reglab/housing_qa huggingface dataset:
NC Gen Stat § 28A-8-5 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 8 - Bond.|§ 28A-8-5 - Rights of surety in danger of loss.

 28A-8-5. Rights of surety in danger of loss.Any surety on the bond of a personal representative who is in danger of loss under the surety's suretyship may file a verified petition with the clerk of superior court setting forth the facts, and asking that such personal representative be removed from office, or that the personal representative be required to give security to indemnify the petitioner against apprehended loss, or that the petitioner be discharged as surety and be released from liability for any future breach of the bond. The clerk of superior court shall conduct a hearing in accordance with Article 2 of this Chapter. If, upon the hearing, the clerk of superior court determines that the surety is entitled to relief, the clerk may grant the same in such manner as to serve the best interest of the estate. In any event, however, the previous surety shall not be released from liability for any breach of duty by the personal representative occurring prior to the filing of bond with a new surety unless the new surety assumes liability for the earlier breaches.  (1868-9, c. 113, s. 90; Code, s. 1519; Rev., s. 33; C.S., s. 41; 1973, c. 1329, s. 3; 2011-344, s. 4.)
NC Gen Stat § 28A-8-6 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 8 - Bond.|§ 28A-8-6 - Action against obligors on bond of personal representative.

 28A-8-6. Action against obligors on bond of personal representative.Any person injured by the breach of any bond given by a personal representative or collector may institute a civil action against one or more of the obligors of the bond and recover such damages as the person may have sustained. Any successor personal representative, or any other personal representative of the same decedent, may institute such action on behalf of the persons interested in the estate. Any such action against one or more of the obligors of the bond shall be brought in the name of the State of North Carolina and shall be instituted in the county in which letters were issued to the personal representative or collector, and the clerk of superior court shall give notice of the institution of the action in such manner as the clerk may determine to all other persons shown by the clerk's records to be interested in the estate. The bond of the personal representative is not void after the first or any subsequent recovery thereon until the entire penalty is recovered. If the plaintiff fails to prevail, costs may be taxed against the person or persons for whose benefit the action on a personal representative's bond is prosecuted.  (1868-9, c. 113, ss. 87, 88; Code, ss. 1516, 1517; Rev., ss. 30, 31; C.S., ss. 40, 42; 1973, c. 1329, s. 3; 2011-344, s. 4.)
NC Gen Stat § 28A-9-1 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 9 - Revocation of Letters.|§ 28A-9-1 - Revocation after hearing.

 28A-9-1. Revocation after hearing.(a) Grounds. - Letters testamentary, letters of administration, or letters of collection may be revoked after hearing on any of the following grounds:(1) The person to whom they were issued was originally disqualified under the provisions of G.S. 28A-4-2 or has become disqualified since the issuance of letters.(2) The issuance of letters was obtained by false representation or mistake.(3) The person to whom they were issued has violated a fiduciary duty through default or misconduct in the execution of the person's office, other than acts specified in G.S. 28A-9-2.(4) The person to whom they were issued has a private interest, whether direct or indirect, that might tend to hinder or be adverse to a fair and proper administration. The relationship upon which the appointment was predicated shall not, in and of itself, constitute such an interest.(5) The person to whom they were issued is employed by, acts as an agent for, or conducts business in a contractual capacity with a property finder, as defined in G.S. 116B-52(11a), who has entered into an agreement subject to G.S. 116B-78 to locate the estate property defined by the agreement.(b) Procedure. -(1) The clerk of superior court may, on the clerk's own motion, conduct a hearing in accordance with Article 2 of this Chapter to determine whether any of the grounds set forth in subsection (a) of this section exist with regard to any personal representative or collector within the jurisdiction of the clerk of superior court.(2) Upon the verified petition of any person interested in the estate for an order finding that any of the grounds set forth in subsection (a) of this section exist with regard to any personal representative or collector within the jurisdiction of the clerk of superior court, the clerk shall conduct a hearing in accordance with Article 2 of this Chapter.(3) Notice of the time and date of the hearing shall be given in accordance with Article 2 of this Chapter and to such persons as the clerk of superior court shall determine. If at the hearing the clerk of superior court finds any one of the grounds set forth in subsection (a) of this section to exist, the clerk of superior court shall revoke the letters issued to such personal representative or collector.  (C.C.P., s. 470; Code, s. 2171; Rev., s. 38; C.S., s. 31; 1921, c. 98; 1953, c. 795; 1973, c. 1329, s. 3; 2011-344, s. 4; 2021-157, s. 2(b).)
NC Gen Stat § 28A-9-2 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 9 - Revocation of Letters.|§ 28A-9-2 - Summary revocation.

 28A-9-2. Summary revocation.(a) Grounds. - Letters testamentary, letters of administration, or letters of collection, shall be revoked by the clerk of superior court without hearing when:(1) After letters of administration or collection have been issued, a will is subsequently admitted to probate.(2) After letters testamentary have been issued:a. The will is set aside, orb. A subsequent testamentary paper revoking the appointment of the executor is admitted to probate.(3) Any personal representative or collector required to give a new bond or furnish additional security pursuant to G.S. 28A-8-3 fails to do so within the time ordered.(4) A nonresident personal representative refuses or fails to obey any citation, notice, or process served on that nonresident personal representative or the process agent of the nonresident personal representative.(5) A trustee in bankruptcy, liquidating agent, or receiver has been appointed for any personal representative or collector, or any personal representative or collector has executed an assignment for the benefit of creditors.(6) A personal representative has failed to file an inventory or an annual account with the clerk of superior court, as required by Article 20 and Article 21 of this Chapter, and proceedings to compel such filing pursuant to G.S. 28A-20-2 or 28A-21-4 cannot be had because service cannot be completed because the personal representative cannot be found.(7) A personal representative or collector is a licensed attorney, and the clerk is in receipt of an order entered pursuant to G.S. 84-28 enjoining, suspending, or disbarring the attorney.(b) Procedure. - Upon the occurrence of any of the acts set forth in subsection (a) of this section, the clerk of superior court shall enter an order revoking the letters issued to such personal representative or collector and shall cause a copy of the order to be served on the personal representative or collector or the personal representative's or collector's process agent.  (C.C.P., s. 469; Code, s. 2170; Rev., s. 37; C.S., s. 30; 1973, c. 1329, s. 3; 1975, c. 19, s. 8; 2011-344, s. 4; 2017-158, s. 3.)
NC Gen Stat § 28A-9-3 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 9 - Revocation of Letters.|§ 28A-9-3 - Effect of revocation.

 28A-9-3. Effect of revocation.Upon entry of the order revoking a personal representative's or collector's letters, the authority of the personal representative or collector shall cease. The personal representative or collector shall surrender all assets of the estate under the control of the personal representative or collector to the personal representative's or collector's successor, or the remaining personal representative or collector or to the clerk of superior court; and shall file an accounting in the form prescribed by Article 21 of this Chapter. A personal representative or collector whose letters are revoked pursuant to G.S. 28A-9-2(a)(1) or 28A-9-2(a)(2) shall not thereby incur personal liability for administrative acts performed prior to revocation except as provided in G.S. 28A-13-10.  (1973, c. 1329, s. 3; 2011-344, s. 4.)
NC Gen Stat § 28A-9-4 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 9 - Revocation of Letters.|§ 28A-9-4 - Appeal; stay effected.

 28A-9-4. Appeal; stay effected.Any interested person may appeal from the order of the clerk of superior court granting or denying revocation as an estate proceeding pursuant to G.S. 1-301.3. The clerk of superior court may issue a stay of an order revoking the letters upon the appellant posting an appropriate bond set by the clerk until the cause is heard and determined upon appeal.  (1973, c. 1329, s. 3; 2011-344, s. 4; 2021-53, s. 3.4.)
NC Gen Stat § 28A-9-5 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 9 - Revocation of Letters.|§ 28A-9-5 - Interlocutory orders.

 28A-9-5. Interlocutory orders.Pending any proceeding or appeal with respect to revocation of letters, the clerk of superior court may enter such interlocutory orders as are necessary to preserve the assets of the estate. (1868-9, c. 113, s. 92; Code, s. 1521; Rev., s. 35; C.S., s. 32; 1973, c. 1329, s. 3.)
NC Gen Stat § 28A-9-6 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 9 - Revocation of Letters.|§ 28A-9-6 - Appointment of successor to personal representative or collector whose letters have been revoked; when not required.

 28A-9-6. Appointment of successor to personal representative or collector whose letters have been revoked; when not required.Upon the revocation of letters issued to a sole or last surviving personal representative or collector, the clerk of superior court shall appoint another personal representative or collector as provided by G.S. 28A-4-1 to act as successor to the sole or last surviving personal representative or collector. When two or more personal representatives or collectors have qualified, and the letters of one or more personal representatives or collectors are revoked, leaving in office one or more personal representatives or collectors, the appointment of successors shall not be required unless:(1) The clerk of superior court determines, in the discretion of the clerk of superior court, that it is in the best interest of the estate to appoint a successor or successors to the personal representatives or collectors whose letters have been revoked, or(2) In the case of executors, the will so provides.  (1868-9, c. 113, s. 92; Code, s. 1521; Rev., s. 35; C.S. 32; 1973, c. 1329, s. 3; 2011-344, s. 4.)
NC Gen Stat § 28A-9-7 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 9 - Revocation of Letters.|§ 28A-9-7 - Rights and duties devolve on successor.

 28A-9-7. Rights and duties devolve on successor.After the revocation of letters pursuant to this Article and upon the qualification and appointment of a successor, the substituted personal representative or collector shall succeed to all the powers stated in G.S. 28A-13-7. The substituted personal representative or collector shall be subject to all the duties, responsibilities and liabilities of the original personal representative or collector, other than liabilities arising out of the grounds for revocation.  (1973, c. 1329, s. 3; 2011-344, s. 4.)
NC Gen Stat § 28A-10-1 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 10 - Resignation.|§ 28A-10-1 - Clerk's power to accept resignation.

 28A-10-1. Clerk's power to accept resignation.The clerk of superior court in the county where a person has been appointed personal representative shall have the power to accept that person's resignation.  (1973, c. 1329, s. 3; 2011-344, s. 4.)
NC Gen Stat § 28A-10-2 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 10 - Resignation.|§ 28A-10-2 - Contents of petition; notice.

 28A-10-2. Contents of petition; notice.(a) When a personal representative desires to resign the personal representative's office, the personal representative shall file a verified petition in the office of the clerk of the superior court, setting forth:(1) The facts relating to the personal representative's appointment and qualifications;(2) The names and residences of all interested persons known to the personal representative;(3) A full statement of the reasons why the petitioner should be permitted to resign the petitioner's office; and(4) A statement that the personal representative has filed with the clerk of superior court the personal representative's accounts and a record of the personal representative's conduct of the office.(b) Notice of the petition for resignation, together with the date and time of the hearing thereon, shall be served upon all interested persons named in the petition in such manner as the clerk of superior court shall determine.  (1973, c. 1329, s. 3; 2011-344, s. 4.)
NC Gen Stat § 28A-10-3 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 10 - Resignation.|§ 28A-10-3 - Statement of account; record of conduct.

 28A-10-3. Statement of account; record of conduct.When the personal representative files the personal representative's petition requesting permission to resign the personal representative's office, the personal representative shall also file a verified statement of:(1) The personal representative's accounts since that personal representative's qualification, or if the personal representative has previously filed an account, a statement of the personal representative's accounts since the date thereof;(2) The assets of the estate and their location;(3) The debts and liabilities of the estate;(4) All facts and circumstances known to the personal representative the disclosure of which is necessary for a full and fair assessment of the personal representative's conduct of the office; and(5) All additional facts and circumstances known to the personal representative the disclosure of which is necessary for a full and fair understanding of all matters concerning the estate.  (1973, c. 1329, s. 3; 2011-344, s. 4.)
NC Gen Stat § 28A-10-4 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 10 - Resignation.|§ 28A-10-4 - Hearing; order.

 28A-10-4. Hearing; order.The clerk of superior court shall conduct a hearing in accordance with Article 2 of this Chapter on the petition not sooner than 10 days nor later than 20 days after notice to interested persons pursuant to G.S. 28A-10-2(b). If the clerk of superior court finds all the accounts proper, including accounts subsequent to the filing of the petition, and determines that the resignation of the personal representative is in the best interest of the estate and can be allowed, the resignation may be approved subject to the provisions of G.S. 28A-10-5. Except in cases governed by G.S. 28A-10-8, the clerk of superior court shall appoint a successor pursuant to G.S. 28A-4-1.  (1973, c. 1329, s. 3; 2011-344, s. 4.)
NC Gen Stat § 28A-10-5 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 10 - Resignation.|§ 28A-10-5 - When resignation becomes effective.

 28A-10-5. When resignation becomes effective.The resignation shall not become effective until:(1) A successor has been duly qualified, unless G.S. 28A-10-8 is applicable; and(2) The clerk of superior court is satisfied that the accounts of the personal representative are true and correct; and(3) The personal representative has accounted to the personal representative's successor in full for all assets of the estate, or if pursuant to G.S. 28A-10-8 no successor is appointed, to the remaining personal representative or representatives, and the personal representative's final account has been filed with and approved by the clerk of superior court.  (1973, c. 1329, s. 3; 2011-344, s. 4.)
NC Gen Stat § 28A-10-6 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 10 - Resignation.|§ 28A-10-6 - Appeal; stay effected.

 28A-10-6. Appeal; stay effected.Any interested person who has appeared at the hearing and objected to the order of the clerk of superior court granting or denying resignation may appeal an order denying or allowing the resignation as a special proceeding pursuant to G.S. 28A-2-9(b). The clerk of superior court may issue a stay of an order allowing the resignation upon the appellant posting an appropriate bond set by the clerk until the cause is heard and determined upon appeal.  (1973, c. 1329, s. 3; 2011-344, s. 4.)
NC Gen Stat § 28A-10-7 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 10 - Resignation.|§ 28A-10-7 - Rights and duties devolve on successor.

 28A-10-7. Rights and duties devolve on successor.Upon the qualification and appointment of a successor to a personal representative whose resignation has been allowed as provided in G.S. 28A-10-4, the substituted personal representative shall succeed to all the powers as provided in G.S. 28A-13-7 and shall also be subject to all the duties, responsibilities, and liabilities as provided in Article 13.  (1973, c. 1329, s. 3; 2011-344, s. 4.)
NC Gen Stat § 28A-10-8 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 10 - Resignation.|§ 28A-10-8 - When appointment of successor to personal representative who has resigned is not required.

 28A-10-8. When appointment of successor to personal representative who has resigned is not required.When two or more personal representatives have qualified, and one or more personal representatives resign pursuant to this Article, leaving in office one or more personal representatives, the appointment of successors shall not be required unless:(1) The clerk of superior court determines, in the clerk's discretion, that it is in the best interest of the estate to appoint a successor or successors to the personal representative or representatives who have resigned, or(2) In the case of executors, the will so provides.  (1973, c. 1329, s. 3; 2011-344, s. 4.)
NC Gen Stat § 28A-11-1 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 11 - Collectors.|§ 28A-11-1 - Appointment and qualifications of collectors.

 28A-11-1. Appointment and qualifications of collectors.When for any reason other than a situation provided for in Chapter 28B or Chapter 28C entitled "Estates of Absentees in Military Service" and "Estates of Missing Persons" a delay is encountered in the issuance of letters to a personal representative or when, in any case, the clerk of superior court finds that the best interest of the estate would be served by the appointment of a collector, the clerk of superior court may issue letters of collection to any person or persons not disqualified to act as a personal representative under G.S. 28A-4-2.  (R.C., c. 46, s. 9; C.C.P., s. 463; 1868-9, c. 113, s. 115; Code, s. 1383; Rev., s. 22; C.S., s. 24; 1924, c. 43; 1965, c. 815, s. 2; 1967, c. 24, s. 14; 1973, c. 1329, s. 3; 2011-344, s. 4.)
NC Gen Stat § 28A-11-2 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 11 - Collectors.|§ 28A-11-2 - Oath and bond.

 28A-11-2. Oath and bond.Every collector shall take an oath as prescribed in G.S. 28A-7-1 and give bond as required in Article 8 of this Chapter for personal representatives. (C.C.P., s. 464; Code, s. 1384; Rev., s. 23; C.S., s. 25; 1973, c. 1329, s. 3.)
NC Gen Stat § 28A-11-3 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 11 - Collectors.|§ 28A-11-3 - Duties and powers of collectors.

 28A-11-3. Duties and powers of collectors.(a) Every collector shall:(1) Take such possession, custody, or control of the personal property of the decedent as in the exercise of reasonable judgment the collector deems necessary to its preservation;(2) Publish notices to creditors as provided by Article 14 of this Chapter;(3) Collect claims payable to the estate;(4) Maintain and defend actions in behalf of the estate;(5) File inventories, accounts, and other reports in the same manner as is required of personal representatives;(6) Renew obligations of the decedent in the same manner as the personal representative is allowed to do under the provisions of Article 13 of this Chapter; and(7) Under the express direction and supervision of the clerk of superior court, possess, exercise and perform all other powers, duties and liabilities given to personal representatives by Article 13 of this Chapter.  (R.C., c. 46, s. 6; C.C.P., s. 465; 1868-9, c. 113, s. 115; Code, s. 1385; Rev., s. 24; C.S., s. 26; 1973, c. 1329, s. 3; 2011-344, s. 4.)
NC Gen Stat § 28A-11-4 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 11 - Collectors.|§ 28A-11-4 - When collectors' powers cease; settlement of accounts.

 28A-11-4. When collectors' powers cease; settlement of accounts.(a) When letters testamentary or letters of administration are issued, or when in any case the clerk of superior court terminates the appointment of the collector, the powers of the collector cease.(b) Upon the termination of the collector's appointment, the collector shall surrender to the personal representative or to the person otherwise entitled thereto or to the clerk all assets of the estate under this control and shall file with the clerk a verified statement of:(1) The collector's accounts since the collector's qualification, or if the collector has previously filed an account, a statement of the collector's accounts since the date thereof;(2) The assets of the estate and their location;(3) The debts and liabilities of the estate;(4) All facts and circumstances known to the collector the disclosure of which is necessary for a full and fair assessment of the collector's conduct of the office; and(5) All additional facts and circumstances known to the collector the disclosure of which is necessary for a full and fair understanding of all matters concerning the estate.(c) The clerk of superior court shall examine the account of the collector and if the clerk finds all of the accounts proper, the clerk shall by order approve the account.  (R.C., c. 46, s. 7; C.C.P., s. 466; 1868-9, c. 113, s. 115; Code, s. 1386; Rev., s. 25; C.S., s. 27; 1973, c. 1329, s. 3; 2011-344, s. 4.)
NC Gen Stat § 28A-11-5 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 11 - Collectors.|§ 28A-11-5 - Compensation.

 28A-11-5. Compensation.A collector shall be compensated in accordance with Article 23 of this Chapter. (1977, c. 814, s. 4.)
NC Gen Stat § 28A-12-1 (2021)
2021 North Carolina General Statutes|Chapter 28A - Administration of Decedents' Estates|Article 12 - Public Administrator.|§ 28A-12-1 - Appointment and term.

 28A-12-1. Appointment and term.There shall be a public administrator in every county, appointed by the clerk of superior court, with the written approval of the senior resident superior court judge of the district in which the appointment is made, for a term of four years. (1868-9, c. 113; Code, s. 1389; Rev., s. 18; C.S, s. 17; 1925, c. 253; 1973, c. 1329, s. 3.)