North Carolina General Statutes 41-48. Nontestamentary transfer on death
Terms Used In North Carolina General Statutes 41-48
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Contract: A legal written agreement that becomes binding when signed.
- Decedent: A deceased person.
- Property: includes both real and personal property or any interest in real or personal property and means anything that may be the subject of ownership. See North Carolina General Statutes 41-40
- Registering entity: means a person who originates or transfers a security title by registration and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. See North Carolina General Statutes 41-40
(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this Article and is not testamentary.
(b) The interest of a deceased owner when there are one or more surviving owners remains liable for the debts of the decedent in the same manner as the personal property included in the decedent’s estate, and recovery of that interest shall be made from the surviving owner or owners when the decedent’s estate is insufficient to satisfy the debts. The interest of a deceased sole owner, or the last to die of several owners, remains liable for the debts of the decedent in the same manner as the personal property included in the decedent’s estate, and recovery of that interest shall be made from the TOD beneficiary when the decedent’s estate is insufficient to satisfy the debts.
(c) This Article does not repeal or modify any provision of law relating to estate taxes. (2005-411, s. 1.)