reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 12 - Public Administrator. › § 28A-12-5 - Powers and duties.

§ 28A-12-5. Powers and duties.
(a) The public administrator shall have, in respect to the several estates in the public administrator's hands, all the rights and powers and shall be subject to all the duties and liabilities of other personal representatives.
(b) After the expiration of the term of office of a public administrator or the public administrator's resignation as public administrator, the public administrator shall continue, subject to the provisions of Articles 9 and 10 of this Chapter, to administer the several estates previously committed to the public administrator until the public administrator has fully administered the same, and the public administrator's bonds shall continue in effect as to all such estates. (1868-9, c. 113, s. 7; 1876-7, c. 239; Code, s. 1395; Rev., s. 21; C.S., s. 21; 1973, c. 1329, s. 3; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 12 - Public Administrator. › § 28A-12-6 - Removal from office.

§ 28A-12-6. Removal from office.
If letters of administration issued to the public administrator with respect to any estate are subsequently revoked on the grounds that they were obtained by false representation as provided in G.S. 28A-9-1(a)(2), or on the grounds as specified in G.S. 28A-9-1(a)(1), 28A-9-1(a)(3), 28A-9-2(a)(3), 28A-9-2(a)(5), or 28A-9-2(a)(6) or if the public administrator becomes a nonresident of the State, the clerk of superior court shall order the removal of the public administrator from office upon notice and hearing in accordance with Article 2 of this Chapter. (1973, c. 1329, s. 3; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 12 - Public Administrator. › § 28A-12-7 - Procedure after removal from office.

§ 28A-12-7. Procedure after removal from office.
The clerk of superior court shall require of any public administrator who is removed from office pursuant to G.S. 28A-12-6 a complete accounting of all of the public administrator's activities as public administrator and for the property remaining under the public administrator's control by reason of the public administrator's appointment under this Article as administrator of any estate that has not been fully administered at the time of the public administrator's removal. If it appears to the clerk of superior court that grounds exist for revocation of letters of administration issued with respect to any such estate, the clerk shall proceed in accordance with the provisions of Article 9 of this Chapter. If letters of administration are revoked pursuant to such proceedings, the clerk of superior court shall issue letters of administration to the successor public administrator or to some other person not disqualified under G.S. 28A-4-2. (1973, c. 1329, s. 3; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 13 - Representative's Powers, Duties and Liabilities. › § 28A-13-1 - Time of accrual of duties and powers.

§ 28A-13-1. Time of accrual of duties and powers.
The duties and powers of a personal representative commence upon the personal representative's appointment. The powers of a personal representative relate back to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. However, a person named executor in a will may, prior to appointment, carry out written instructions of the decedent relating to the decedent's body, funeral and burial arrangements; provided that a health care agent authorized in a valid health care power of attorney to make body, funeral, and burial arrangements shall have precedence in making these arrangements, both before and after qualification of the decedent's personal representative, to the extent provided in G.S. 32A-19(b). A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative. (1973, c. 1329, s. 3; 2007-502, s. 17; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 13 - Representative's Powers, Duties and Liabilities. › § 28A-13-2 - General duties; relation to persons interested in estate.

§ 28A-13-2. General duties; relation to persons interested in estate.
A personal representative is a fiduciary who, in addition to the specific duties stated in this Chapter, is under a general duty to settle the estate of the personal representative's decedent as expeditiously and with as little sacrifice of value as is reasonable under all of the circumstances. A personal representative shall use the authority and powers conferred upon the personal representative by this Chapter, by the terms of the will under which the personal representative is acting, by any order of court in proceedings to which the personal representative is party, and by the rules generally applicable to fiduciaries, for the best interests of all persons interested in the estate, and with due regard for their respective rights. (1973, c. 1329, s. 3; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 13 - Representative's Powers, Duties and Liabilities. › § 28A-13-4 - Continuance of farming operations of deceased persons.

§ 28A-13-4. Continuance of farming operations of deceased persons.
When any person dies while engaged in farming operations, the decedent's personal representative is authorized to continue such farming operations until the end of the current calendar year, and until all crops grown during that year are harvested. The net income from such farming operations shall be personal assets of the estate. Any indebtedness incurred in connection with such farming operations after the date of death shall be preferred over the claims of any heir, devisee, distributee, general or unsecured creditor of said estate. Nothing herein contained shall limit the powers of a personal representative under the terms of a will. (1935, c. 163; 1973, c. 1329, s. 3; 2011-284, s. 15; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 13 - Representative's Powers, Duties and Liabilities. › § 28A-13-5 - Personal representatives hold in joint tenancy.

§ 28A-13-5. Personal representatives hold in joint tenancy.
Any estate or interest in property which becomes vested in two or more personal representatives shall be held by them in joint tenancy with the incident of survivorship. (1868-9, c. 113, s. 74; Code, s. 1502; Rev., s. 166; C.S., s. 172; 1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 13 - Representative's Powers, Duties and Liabilities. › § 28A-13-7 - Powers and duties of successor personal representative.

§ 28A-13-7. Powers and duties of successor personal representative.
A successor personal representative is one appointed to succeed a personal representative whose appointment has terminated by death, resignation or revocation. Unless a contrary intent clearly appears from the will, a successor personal representative has all the powers and duties, discretionary or otherwise, of the original personal representative. (1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 13 - Representative's Powers, Duties and Liabilities. › § 28A-13-8 - Powers and duties of administrator with will annexed.

§ 28A-13-8. Powers and duties of administrator with will annexed.
When an administrator with the will annexed has been appointed, whether or not the administrator is succeeding a previously appointed personal representative, that administrator has the same powers and duties, discretionary or otherwise, as if the administrator had been named executor in the will, unless a contrary intent clearly appears from the will. (C.C.P., s. 468; 1870-1, c. 93; Code, s. 1388; Rev., s. 319; C.S., s. 33; 1935, c. 386; 1949, c. 971; 1967, c. 41, s. 1; 1973, c. 1329, s. 3; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 13 - Representative's Powers, Duties and Liabilities. › § 28A-13-9 - Powers of surviving personal representative.

§ 28A-13-9. Powers of surviving personal representative.
When one or more of those nominated as coexecutors in a will is not appointed, or when the appointment of one or more joint personal representatives is terminated, every power granted to such joint personal representatives may be exercised by the surviving representative or representatives; provided that nothing to the contrary appears in the will of a testate decedent. (C.C.P., s. 451; Code, s. 2164; Rev., s. 13; C.S., s. 16; 1931, c. 183; 1953, c. 78, s. 1; 1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 13 - Representative's Powers, Duties and Liabilities. › § 28A-13-10 - Liability of personal representative.

§ 28A-13-10. Liability of personal representative.
(a) Property of Estate. – A personal representative shall be liable for and chargeable in the personal representative's accounts with all of the estate of the decedent which comes into the personal representative's possession at any time, including all the income therefrom; but the personal representative shall not be liable for any debts due to the decedent or other assets of the estate which remain uncollected without the personal representative's fault. Except for commissions allowable by law, the personal representative shall not be entitled to any profits caused by an increase in values, nor be chargeable with loss by a decrease in value or destruction without the personal representative's fault, of any part of the estate.
(b) Property Not a Part of Estate. – A personal representative shall be chargeable in the personal representative's accounts with property not a part of the estate which comes into the personal representative's possession at any time and shall be liable to the persons entitled thereto if:
(1) The property was received under a duty imposed on the personal representative by law in the capacity of personal representative; or
(2) The personal representative has commingled such property with the assets of the estate.
(c) Breach of Duty. – A personal representative shall be liable and chargeable in the personal representative's accounts for any loss to the estate arising from the personal representative's embezzlement or commingling of the estate with other property; for loss to the estate through self-dealing; for any loss to the estate from wrongful acts or omissions of the personal representative's joint personal representatives which the personal representative could have prevented by the exercise of ordinary care; and for any loss to the estate arising from the personal representative's failure to act in good faith and with such care, foresight and diligence as an ordinarily reasonable and prudent person would act with the ordinarily reasonable and prudent person's own property under like circumstances. If the exercise of power concerning the estate is improper, the personal representative is liable for breach of fiduciary duty to interested persons for resulting damage or loss to the same extent as a trustee of an express trust. (1973, c. 1329, s. 3; 1975, c. 300, s. 4; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 14 - Notice to Creditors. › § 28A-14-1.1 - Validation of certain notices.

§ 28A-14-1.1. Validation of certain notices.
(a) Any notice to creditors published or posted under G.S. 28A-14-1 which did not, in the advertisement, name the day after which claims could not be presented is validated.
(b) This section applies to all notices published and posted between October 1, 1975, and January 1, 1991, except that it does not affect any pending litigation or any litigation instituted within 90 days of January 1, 1991. (1981, c. 96, ss. 1, 2; 1987, c. 277, s. 8; 1989, c. 390, s. 8; 1991, c. 489, s. 8.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 14 - Notice to Creditors. › § 28A-14-2 - Proof of notice.

§ 28A-14-2. Proof of notice.
A copy of the notice directed by G.S. 28A-14-1(a) to be posted or published, together with an affidavit or affidavits of one of the persons authorized by G.S. 1-600(a) to make affidavits to the effect that such notice was posted or published in accordance with G.S. 28A-14-1(a), and an affidavit of the personal representative or collector, or the attorney for the personal representative or collector, to the effect that a copy of the notice was personally delivered or mailed to each creditor entitled to notice in accordance with G.S. 28A-14-1(b) shall be filed in the office of the clerk of superior court by the personal representative or collector at the time the inventory required by G.S. 28A-20-1 is filed. The copy of the notice, together with the affidavit or affidavits, shall be deemed a record of the court and a copy thereof, duly certified by the clerk of superior court, shall be received as prima facie evidence of the fact of publication or mailing in all the courts of this State. (1868-9, c. 113, s. 31; Code, s. 1423; Rev., s. 40; C.S., s. 46; 1951, c. 1005, s. 3; 1961, c. 26, s. 2; 1973, c. 1329, s. 3; 1987 (Reg. Sess., 1988), c. 1077, s. 2; 1989, c. 378, s. 2.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 14 - Notice to Creditors. › § 28A-14-3 - Personal notice to creditor.

§ 28A-14-3. Personal notice to creditor.
The personal representative or collector may cause the notice to be personally served on any creditor. (1868-9, c. 113, s. 32; Code, s. 1424; 1885, c. 96; Rev., s. 41; C.S., s. 47; 1961, c. 741, s. 2; 1973, c. 1329, s. 3; 1977, c. 446, s. 1; c. 798; 1979, c. 509, s. 2.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 15 - Assets; Discovery of Assets. › § 28A-15-1 - Assets of the estate generally.

§ 28A-15-1. Assets of the estate generally.
(a) All of the real and personal property, both legal and equitable, of a decedent shall be assets available for the discharge of debts and other claims against the decedent's estate in the absence of a statute expressly excluding any such property. Provided that before real property is selected the personal representative must determine that such selection is in the best interest of the administration of the estate.
(b) In determining what property of the estate shall be sold, leased, pledged, mortgaged or exchanged for the payment of the debts of the decedent and other claims against the decedent's estate, the personal representative shall select the assets which in the personal representative's judgment are calculated to promote the best interests of the estate. In the selection of assets for this purpose, there shall be no necessary distinction between real and personal property, absent any contrary provision in the will.
(c) If it shall be determined by the personal representative that it is in the best interest of the administration of the estate to sell, lease, or mortgage any real estate or interest therein to obtain money for the payment of debts and other claims against the decedent's estate, the personal representative shall institute a special proceeding before the clerk of superior court for such purpose pursuant to Article 17 of this Chapter, except that no such proceeding shall be required for a sale made pursuant to authority given by will. A general provision granting authority to the personal representative to sell the testator's real property, or incorporation by reference of the provisions of G.S. 32-27(2) shall be sufficient to eliminate the necessity for a proceeding under Article 17. If a special proceeding has been instituted by the personal representative pursuant to G.S. 28A-13-3(c), the personal representative may petition for sale, lease, or mortgage of any real property as a part of that proceeding and is not required to institute a separate special proceeding.
(d) The crops of every deceased person, remaining ungathered at the person's death, shall, in all cases, belong to the personal representative or collector, as part of the personal assets of the decedent's estate; and shall not pass to the devisee by virtue of any devise of the land, unless such intent be manifest and specified in the will. (1868-9, c. 113, ss. 14, 15; Code, ss. 1406, 1407; Rev., ss. 45, 47; C.S., ss. 52, 54; 1973, c. 1329, s. 3; 1975, c. 300, s. 5; 1985, c. 426; 2001-413, s. 2.1; 2002-159, s. 9; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 15 - Assets; Discovery of Assets. › § 28A-15-2 - Title and possession of property.

§ 28A-15-2. Title and possession of property.
(a) Personal Property. – Subsequent to the death of the decedent and prior to the appointment and qualification of the personal representative or collector, the title and the right of possession of personal property of the decedent is vested in the decedent's heirs; but upon the appointment and qualification of the personal representative or collector, the heirs shall be divested of such title and right of possession which shall be vested in the personal representative or collector relating back to the time of the decedent's death for purposes of administering the estate of the decedent. But, if in the opinion of the personal representative, the personal representative's possession, custody and control of any item of personal property is not necessary for purposes of administration, such possession, custody and control may be left with or surrendered to the heir or devisee presumptively entitled thereto.
(b) Real Property. – The title to real property of a decedent is vested in the decedent's heirs as of the time of the decedent's death; but the title to real property of a decedent devised under a valid probated will becomes vested in the devisees and shall relate back to the decedent's death, subject to the provisions of G.S. 31-39. (1973, c. 1329, s. 3; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 15 - Assets; Discovery of Assets. › § 28A-15-3 - Nonexoneration of encumbered property.

§ 28A-15-3. Nonexoneration of encumbered property.
When real or personal property subject to any lien or security interest, except judgment liens, is specifically devised, the devisee takes the property subject to the encumbrance and without a right to have other assets of the decedent applied to discharge the secured obligation, unless an express provision of the will confers such right of exoneration. A general testamentary direction to pay the debts of the decedent is not sufficient to confer such right. (1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 15 - Assets; Discovery of Assets. › § 28A-15-4 - Encumbered assets.

§ 28A-15-4. Encumbered assets.
When any assets of the estate are encumbered by mortgage, pledge, lien or other security interest, the personal representative may pay the underlying debt secured by the encumbrance or any part of the underlying debt, renew or extend any obligation secured by the encumbrance, or convey or transfer the encumbered assets to the creditor in satisfaction of the underlying debt, in whole or in part, whether or not the holder of the encumbrance has filed a claim, if it appears to be for the best interest of the estate; provided that payment of an underlying debt shall not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration by express provisions of the will. (1973, c. 1329, s. 3; 2011-344, s. 4; 2019-113, s. 1.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 15 - Assets; Discovery of Assets. › § 28A-15-5 - Order in which assets appropriated; abatement.

§ 28A-15-5. Order in which assets appropriated; abatement.
(a) General Rules. – In the absence of testamentary indication as to the order of abatement, or some other controlling statute, shares of devisees and of heirs abate, without any preference or priority as between real and personal property, in the following order:
(1) Property not disposed of by the will;
(2) Residuary devises;
(3) General devises;
(4) Specific devises.
For purposes of abatement, a demonstrative devise of money or property payable out of or charged on a particular fund or other property is treated as a specific devise; but if the particular fund or property out of which the demonstrative devise is to be paid is nonexistent or insufficient at the death of the testator, the deficiency is to be payable out of the general estate of the decedent and is to be regarded as a general devise and must abate pro rata with other general devises. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received, had full distribution of the property been made in accordance with the terms of the will.
(b) Abatement; Sales; Contribution. – When property which has been specifically devised is sold, leased, or mortgaged, or a security therein is created, by the personal representative, abatement shall be achieved by ratable adjustments in, or contributions from other interest in the remaining assets. The clerk of superior court shall, at the time of the hearing on the petition for final distribution, determine the amounts of the respective contributions and whether the same shall be made before distribution or shall constitute a lien on specific property which is distributed. (1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 15 - Assets; Discovery of Assets. › § 28A-15-6 - Federal income tax refunds joint returns.

§ 28A-15-6. Federal income tax refunds – joint returns.
Upon the determination by the United States Treasury Department of an overpayment of income tax by a married couple filing a joint federal income tax return, one of whom has died since the filing of such return or where a joint federal income tax return is filed on behalf of a husband and wife, one of whom has died prior to the filing of the return, any refund of the tax by reason of such overpayment, if not in excess of five hundred dollars ($500.00), shall be the sole and separate property of the surviving spouse. In the event that both spouses are dead at the time such overpayment is determined, such refund, if not in excess of five hundred dollars ($500.00), shall be the sole and separate property of the estate of the spouse who died last and may be paid directly by the Treasury Department to the executor or administrator of such estate, or to the person entitled to the possession of the assets of a small estate pursuant to the provisions of Article 25 of this Chapter. (1955, c. 720; 1957, c. 986; 1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 15 - Assets; Discovery of Assets. › § 28A-15-7 - Federal income tax refunds separate returns.

§ 28A-15-7. Federal income tax refunds – separate returns.
Upon the determination by the United States Treasury Department of an overpayment of income tax by any married person filing a separate return, any refund of the tax by reason of such overpayment, if not in excess of two hundred fifty dollars ($250.00), exclusive of interest, shall be the sole and separate property of the surviving spouse, and the United States Treasury Department may pay said sum directly to such surviving spouse, and such payment to the extent thereof shall operate as a complete acquittal and discharge of the United States Treasury Department. (1961, c. 643; 1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 15 - Assets; Discovery of Assets. › § 28A-15-8 - State income tax returns.

§ 28A-15-8. State income tax returns.
Upon the determination by the Secretary of Revenue of North Carolina of an overpayment of income tax by any married person, any refund of the tax by reason of such overpayment, if not in excess of two hundred dollars ($200.00) exclusive of interest, shall be the sole and separate property of the surviving spouse, and said Secretary of Revenue may pay said sum directly to such surviving spouse, and such payment to the extent thereof shall operate as a complete acquittal and discharge of the Secretary of Revenue. (1961, c. 735; 1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 15 - Assets; Discovery of Assets. › § 28A-15-9 - Excess funds.

§ 28A-15-9. Excess funds.
If the amount of any refund exceeds the sums specified in G.S. 28A-15-6, 28A-15-7 or 28A-15-8, the sums specified therein and one half of any additional sums shall be the sole and separate property of the surviving spouse. The remaining one half of such additional sums shall be the property of the estate of the decedent spouse. (1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 15 - Assets; Discovery of Assets. › § 28A-15-11 - Debt due from personal representative not discharged by appointment.

§ 28A-15-11. Debt due from personal representative not discharged by appointment.
The appointment of any person as personal representative does not discharge any debt or demand due from such person to the decedent. (1868-9, c. 113, s. 40; Code, s. 1431; Rev., s. 51; C.S., s. 58; 1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 15 - Assets; Discovery of Assets. › § 28A-15-12 - Actions to recover property of decedent.

§ 28A-15-12. Actions to recover property of decedent.
(a) Repealed by Session Laws 2011-344, s. 4, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.
(a1) A personal representative or collector shall have the right to bring an action to sue for and recover any property of any kind belonging to the estate of the personal representative's decedent, by action filed in the Superior Court Division of the General Court of Justice and shall be entitled to such other provisional remedies as provided for under Subchapter 13 of Chapter 1 of the General Statutes.
(b) Repealed by Session Laws 2011-344, s. 4, effective January 1, 2012, and applicable to estates of decedents dying on or after that date.
(b1) A personal representative, collector, or any interested person shall have the right to bring an estate proceeding seeking the examination of any persons reasonably believed to be in possession of property of any kind belonging to the estate of the decedent including a demand for the recovery of such property. An estate proceeding brought under the provisions of this subsection shall be instituted by the filing of a verified petition and shall be conducted in accordance with the provisions of Article 2 of this Chapter. The court may enter orders requiring the examination of persons consistent with this subsection and, if the court determines that a person is in possession of property of the estate of the decedent, shall have the authority to order recovery of that property. Orders issued by the clerk of superior court shall be enforceable by proceedings as for contempt of court.
(c) The party against whom the final judgment is rendered shall be adjudged to pay the costs of the proceedings hereunder.
(d) The remedies provided in this section shall not be exclusive, but shall be in addition to any remedies which are now or may hereafter be provided. (1937, c. 209, s. 1; 1973, c. 1329, s. 3; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 16 - Sales or Leases of Personal Property. › § 28A-16-1 - Sales or leases without court order.

§ 28A-16-1. Sales or leases without court order.
(a) A personal representative has the power to sell, at either a public or private sale, or to lease, personal property of the decedent without a court order.
(b) A personal representative who sells or leases personal property of the decedent without a court order is not required to file a special report or have the transaction confirmed by the clerk of superior court, or to follow any of the procedure set forth in Article 29A of Chapter 1 of the General Statutes, entitled "Judicial Sales," but shall include in the personal representative's next account, either annual or final, a record of the receipts and disbursements incident to the transaction. (1868-9, c. 113, s. 16; Code, s. 1408; Rev., s. 62; C.S., s. 66; 1973, c. 1329, s. 3; 1975, c. 300, s. 6; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 16 - Sales or Leases of Personal Property. › § 28A-16-2 - Sales or leases by court order.

§ 28A-16-2. Sales or leases by court order.
(a) All sales or leases of personal property of the decedent by a collector shall be made only upon order obtained, by motion, from the clerk of superior court.
(b) A personal representative may, if the personal representative so desires, request the clerk of superior court to issue to the personal representative an order to sell or lease personal property of the decedent.
(c) Sales or leases of personal property of the decedent held pursuant to court order shall be conducted as provided in Article 29A of Chapter 1 of the General Statutes, entitled "Judicial Sales."
(d) A personal representative may, for the personal representative's own benefit, purchase or lease personal property belonging to the decedent at a public sale conducted under an order of the clerk of superior court, if the transaction is reported to the clerk of superior court and confirmed by the clerk of superior court. (1868-9, c. 113, s. 17; Code, s. 1409; Rev., s. 61; C.S., s. 67; 1949, c. 719, s. 2; 1973, c. 1329, s. 3; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 16 - Sales or Leases of Personal Property. › § 28A-16-3 - Sales of household furnishings.

§ 28A-16-3. Sales of household furnishings.
If the decedent is survived by a spouse, no sale or lease shall be made of the household furnishings in the usual dwelling house occupied by the surviving spouse at the time of the death of the deceased spouse, if such dwelling house was owned by the deceased spouse at the time of his or her death, until the expiration of the time limits set forth in G.S. 29-30(c) for the filing by the surviving spouse of an election in regard to the property of the decedent. (1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 17 - Sales, Leases or Mortgages of Real Property. › § 28A-17-1 - Sales of real property.

§ 28A-17-1. Sales of real property.
Pursuant to authority contained in G.S. 28A-15-1 the personal representative may, at any time, apply to the clerk of superior court of the county where the decedent's real property or some part thereof is situated, by petition, to sell such real property for the payment of debts and other claims against the decedent's estate. (1868-9, c. 113, s. 42; Code, s. 1436; Rev., s. 68, C.S., s. 74; 1923, c. 55; 1935, c. 43; 1937, c. 70; 1943, c. 637; 1949, c. 719, s. 2; 1955, c. 302, s. 1; 1959, c. 879, s. 7; 1963, c. 291, s. 1; 1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 17 - Sales, Leases or Mortgages of Real Property. › § 28A-17-2 - Contents of petition for sale.

§ 28A-17-2. Contents of petition for sale.
The petition to sell real property shall include:
(1) A description of the real property and interest therein sought to be sold;
(2) The names, ages and addresses, if known, of the devisees and heirs of the decedent;
(3) A statement that the personal representative has determined that it is in the best interest of the administration of the estate to sell the real property sought to be sold. (1868-9, c. 113, s. 43; Code, s. 1437; Rev., s. 77; C.S., s. 79; 1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 17 - Sales, Leases or Mortgages of Real Property. › § 28A-17-3 - Petition for partition.

§ 28A-17-3. Petition for partition.
When it is alleged that the real property of the decedent sought to be sold consists in whole or in part of an undivided interest in real property, the personal representative of the decedent may include, in the petition to sell the real property for the payment of debts and other claims against the decedent's estate, a request for partition of the lands sought to be sold. (1868-9, c. 113, s. 42; Code, s. 1436; Rev., s. 68; C.S., s. 74; 1923, c. 55; 1935, s. 43; 1937, c. 70; 1943, c. 637; 1949, c. 719, s. 2; 1955, c. 302, s. 1; 1959, c. 879, s. 7; 1963, c. 291, s. 1; 1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 17 - Sales, Leases or Mortgages of Real Property. › § 28A-17-4 - Heirs and devisees necessary parties.

§ 28A-17-4. Heirs and devisees necessary parties.
No order to sell real property shall be granted until the heirs and devisees of the decedent have been made parties to the special proceeding by service of summons in the manner required by law, in accordance with G.S. 1A-1, Rule 4. Upon such service, the court shall appoint a guardian ad litem for heirs and devisees who are unknown or whose addresses are unknown, and summons shall issue to the guardian ad litem as such. The guardian ad litem shall file answer for such heirs and devisees and defend for them, and the guardian ad litem shall be paid such sum as the court may fix, to be paid as costs of the proceeding. (1868-9, c. 113, s. 44; Code, s. 1438; Rev., s. 74; C.S., s. 80; Ex. Sess. 1924, c. 3, s. 1; 1973, c. 1329, s. 3; 1975, c. 300, s. 7; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 17 - Sales, Leases or Mortgages of Real Property. › § 28A-17-5 - Property subject to sale; conveyance by deceased in fraud of creditors.

§ 28A-17-5. Property subject to sale; conveyance by deceased in fraud of creditors.
The real property subject to sale under this Article shall include real property recovered from a fraudulent alienee pursuant to G.S. 28A-15-10(b). (1868-9, c. 113, s. 51; Code, s. 1446; Rev., s. 72; C.S., s. 77; 1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 17 - Sales, Leases or Mortgages of Real Property. › § 28A-17-6 - Adverse claimant to be heard; procedure.

§ 28A-17-6. Adverse claimant to be heard; procedure.
When the real property sought to be sold, or any interest therein, is claimed by another person, such claimant may be made a party to the proceeding, and in any event may become a party upon the claimant's own motion. When an issue of law or fact is joined between the parties, the procedure shall be as prescribed for other special proceedings. (1868-9, c. 113, ss. 46, 47; Code, ss. 1440, 1441; Rev., ss. 76, 78; C.S., ss. 81, 82; 1973, c. 1329, s. 3; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 17 - Sales, Leases or Mortgages of Real Property. › § 28A-17-7 - Order granted if petition not denied; public or private sale; procedure for sale.

§ 28A-17-7. Order granted if petition not denied; public or private sale; procedure for sale.
If, by default or admission, the allegations in the petition are not controverted, the clerk of superior court may summarily order a sale. The procedure for the sale shall be as is provided in Article 29A of Chapter 1 of the General Statutes, entitled "Judicial Sales." If it is made to appear to the clerk by petition and by satisfactory proof that it will be for the best interest of the estate to sell by private sale, the clerk may authorize a private sale in accordance with the provisions of G.S. 1-339.33 through 1-339.40. (1868-9, c. 113, s. 48; Code, s. 1443; Rev., s. 79; C.S., s. 83; 1949, c. 719, s. 2; 1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 17 - Sales, Leases or Mortgages of Real Property. › § 28A-17-8 - Under power in will, sales public or private.

§ 28A-17-8. Under power in will, sales public or private.
Sales of real property made pursuant to authority given by will may be either public or private, unless the will otherwise directs, and may be on such terms as in the opinion of the personal representative are most advantageous to those interested in the decedent's estate. (1868-9, c. 113, s. 75; Code, s. 1503; Rev., s. 84; C.S., s. 89; 1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 17 - Sales, Leases or Mortgages of Real Property. › § 28A-17-9 - Death of vendor under contract; representative to convey.

§ 28A-17-9. Death of vendor under contract; representative to convey.
When any decedent has contracted to sell any real property and has given bond or other enforceable written contract to the purchaser to convey the same, the decedent's personal representative may execute and deliver a deed to such real property and such deed shall convey the title as fully as if it had been executed and delivered by the decedent. No deed shall be made unless the purchaser complies with the terms of the bond or other written contract. If the contract for conveyance requires the giving of a warranty deed, the deed given by the personal representative shall contain such warranties as required by the contract and the warranties shall be binding on the estate and not on the personal representative personally. (1868-9, c. 113, s. 65; 1874-5, c. 251; Code, s. 1492; Rev., s. 83; C.S., s. 91; 1973, c. 1329, s. 3; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 17 - Sales, Leases or Mortgages of Real Property. › § 28A-17-10 - Title in personal representative for estate; he or successor to convey.

§ 28A-17-10. Title in personal representative for estate; he or successor to convey.
When real property is conveyed to a personal representative for the benefit of the estate the personal representative represents, the personal representative or any successor personal representative may sell and convey it upon such terms as the personal representative may deem just and for the advantage of the estate. The procedure shall be as is provided in Article 29A of Chapter 1 of the General Statutes, entitled "Judicial Sales." If it is made to appear to the clerk of superior court by petition and by satisfactory proof that it will be for the best interest of the estate to sell by private sale, the clerk may authorize a private sale in accordance with the provisions of G.S. 1-339.33 through 1-339.40. (1905, c. 342; Rev., s. 71; C.S., s. 92; 1949, c. 719, s. 2; 1973, c. 1329, s. 3; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 17 - Sales, Leases or Mortgages of Real Property. › § 28A-17-11 - Personal representative may lease or mortgage.

§ 28A-17-11. Personal representative may lease or mortgage.
In lieu of asking for an order of sale of real property, the personal representative may request the clerk of superior court to issue to the personal representative an order to lease or to mortgage real property of the decedent. The clerk of superior court is authorized to issue an order to lease or mortgage on such terms as the clerk deems to be in the best interest of the estate. (1913, c. 49, s. 1; C.S., s.75; 1927, c. 222, s. 1; 1973, c. 1329, s. 3; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 17 - Sales, Leases or Mortgages of Real Property. › § 28A-17-12 - Sale, lease or mortgage of real property by heirs or devisees.

§ 28A-17-12. Sale, lease or mortgage of real property by heirs or devisees.
(a) If the first publication or posting of the general notice to creditors as provided for in G.S. 28A-14-1 occurs within two years after the death of the decedent:
(1) All sales, leases or mortgages of real property by heirs or devisees of any resident or nonresident decedent made after the death of the decedent and before the first publication or posting of the general notice to creditors are void as to creditors and personal representatives; and
(2) All sales, leases or mortgages of real property by heirs or devisees of any resident or nonresident decedent made after such first publication or posting and before approval of the final account shall be void as to creditors and personal representatives unless the personal representative joins in the sale, lease or mortgage.
(b) If the first publication or posting of the general notice to creditors as provided for in G.S. 28A-14-1 does not occur within two years after the death of the decedent, all sales, leases or mortgages of real property by heirs or devisees of any resident or nonresident decedent shall be valid as to creditors and personal representatives of the decedent. (1973, c. 1329, s. 3; 1979, 2nd Sess., c. 1246, s. 1.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 17 - Sales, Leases or Mortgages of Real Property. › § 28A-17-13 - Prior validating acts.

§ 28A-17-13. Prior validating acts.
Chapter 70 of the Public Laws of 1923, Chapter 48 of the Public Laws of 1925, Chapter 146 of the Public Laws of 1931, and Chapters 31 and 381 of the Public Laws of 1935, all validating certain prior sales of real property by executors or administrators and heretofore codified as G.S. 28-100 through 28-104, shall remain in full force and effect, though no longer carried forward as part of the General Statutes. (1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 18 - Actions and Proceedings. › § 28A-18-1 - Survival of actions to and against personal representative.

§ 28A-18-1. Survival of actions to and against personal representative.
(a) Upon the death of any person, all demands whatsoever, and rights to prosecute or defend any action or special proceeding, existing in favor of or against such person, except as provided in subsection (b) hereof, shall survive to and against the personal representative or collector of the person's estate.
(b) The following rights of action in favor of a decedent do not survive:
(1) Causes of action for libel and for slander, except slander of title;
(2) Causes of action for false imprisonment;
(3) Causes of action where the relief sought could not be enjoyed, or granting it would be nugatory after death. (1868-9, c. 113, ss. 63, 64; Code, ss. 1490, 1491; Rev., ss. 156, 157; 1915, c. 38; C.S., ss. 159, 162; 1965, c. 631; 1973, c. 1329, s. 3; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 18 - Actions and Proceedings. › § 28A-18-3 - To sue or defend in representative capacity.

§ 28A-18-3. To sue or defend in representative capacity.
All actions and proceedings brought by or against personal representatives or collectors upon any cause of action or right to which the estate of the decedent is the real party in interest, must be brought by or against them in their representative capacity. (1868-9, c. 113, s. 79; Code, s. 1507; Rev., s. 160; C.S., s. 164; 1973, c. 1329, s. 3.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 18 - Actions and Proceedings. › § 28A-18-4 - Service on or appearance of one binds all.

§ 28A-18-4. Service on or appearance of one binds all.
In actions against personal representatives or collectors, they are all to be considered as one person, representing the decedent; and if the summons is served on one or more, but not all, the plaintiff may proceed against those served, and if the plaintiff recovers, judgment may be entered against all. (1868-9, c. 113, s. 81; Code, s. 1508; Rev., s. 161; C.S., s. 165; 1973, c. 1329, s. 3; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 18 - Actions and Proceedings. › § 28A-18-5 - When creditors may sue on claim; execution in such action.

§ 28A-18-5. When creditors may sue on claim; execution in such action.
An action may be brought by a creditor against the personal representative or collector on a demand at any time after it is due, but no execution shall issue against the personal representative or collector on a judgment therein against the personal representative or collector without leave of the court, upon notice of 20 days and upon proof that the defendant has refused to pay such judgment or its ratable part, and such judgment shall be a lien on the property of the estate of the decedent only from the time of such leave granted. (1868-9, c. 113, s. 82; Code, s. 1509; Rev., s. 162; C.S., s. 166; 1973, c. 1329, s. 3; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 18 - Actions and Proceedings. › § 28A-18-6 - Service by publication on executor without bond.

§ 28A-18-6. Service by publication on executor without bond.
Whenever process may issue against an executor who has not given bond, and the same cannot be served upon the executor by reason of the executor's absence or concealment, service of such process may be made by publication in the manner prescribed in other civil actions. (1868-9, c. 113, s. 94; Code, s. 1523; Rev., s. 163; C.S., s 167; 1973, c. 1329, s. 3; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 18 - Actions and Proceedings. › § 28A-18-7 - Execution by successor in office.

§ 28A-18-7. Execution by successor in office.
Any personal representative or collector may have execution issued on any judgment recovered by any person who preceded the personal representative or collector in the administration of the estate, or by the decedent, in the same cases and the same manner as the original plaintiff might have done. (1868-9, c. 113, s. 84; Code, s. 1513; Rev., s. 164; C.S., s. 168; 1973, c. 1329, s. 3; 2011-344, s. 4.)
2023 North Carolina General Statutes › Chapter 28A - Administration of Decedents' Estates › Article 18 - Actions and Proceedings. › § 28A-18-8 - Action to continue, though letters revoked.

§ 28A-18-8. Action to continue, though letters revoked.
In case the letters of a personal representative or collector are revoked, pending an action to which the personal representative or collector is a party, the adverse party may, notwithstanding, continue the action against the personal representative or collector in order to charge the personal representative or collector personally. If such party does not elect so to do, within six months after notice of such revocation, the action may be continued against the successor of the personal representative or collector in the administration of the estate, in the same manner as in case of death. (1868-9, c. 113, s. 85; Code, s. 1514; Rev., s. 165; C.S., s. 169; 1973, c. 1329, s. 3; 2011-344, s. 4.)