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Terms Used In North Carolina General Statutes 28A-17-1

  • Decedent: A deceased person.
  • Personal representative: includes both an executor and an administrator, but does not include a collector. See North Carolina General Statutes 28A-1-1
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Pursuant to authority contained in N.C. Gen. Stat. § 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.)