North Carolina General Statutes 28A-29-1. Notice to creditors without estate administration
Terms Used In North Carolina General Statutes 28A-29-1
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Decedent: A deceased person.
- Intestate: Dying without leaving a will.
- Personal representative: includes both an executor and an administrator, but does not include a collector. See North Carolina General Statutes 28A-1-1
- Probate: Proving a will
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Testate: To die leaving a will.
- Trustee: A person or institution holding and administering property in trust.
When (i) a decedent dies testate or intestate leaving no personal property subject to probate and no real property devised to the personal representative; (ii) a decedent’s estate is being administered by collection by affidavit pursuant to Article 25 of this Chapter; (iii) a decedent’s estate is being administered under the summary administration provisions of Article 28 of this Chapter; (iv) a decedent’s estate consists solely of a motor vehicle that can be transferred by the procedure authorized by N.C. Gen. Stat. § 20-77(b); or (v) a decedent has left assets that may be treated as assets of an estate for limited purposes as described in N.C. Gen. Stat. § 28A-15-10, and no application or petition for appointment of a personal representative is pending or has been granted in this State, any person otherwise qualified to serve as personal representative of the estate pursuant to Article 4 of this Chapter or the trustee then serving under the terms of a revocable trust created by the decedent may file a petition to be appointed as a limited personal representative to provide notice to creditors without administration of an estate before the clerk of superior court of the county where the decedent was domiciled at the time of death. This procedure is not available if the decedent’s will provides that it is not available. A limited personal representative shall have the rights and obligations provided for in this Article. (2009-444, s. 1; 2013-91, s. 1(b).)