§ 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
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Terms Used In North Carolina General Statutes > Chapter 28A > Article 18 - Actions and Proceedings

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Collector: means any person authorized to take possession, custody, or control of the personal property of the decedent for the purpose of executing the duties outlined in N. See North Carolina General Statutes 28A-1-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Intestate: Dying without leaving a will.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Personal representative: includes both an executor and an administrator, but does not include a collector. See North Carolina General Statutes 28A-1-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Summons: Another word for subpoena used by the criminal justice system.