North Carolina General Statutes 28A-11-4. When collectors’ powers cease; settlement of accounts
(a) When letters testamentary or letters of administration are issued, or when in any case the clerk of superior court terminates the appointment of the collector, the powers of the collector cease.
(b) Upon the termination of the collector’s appointment, the collector shall surrender to the personal representative or to the person otherwise entitled thereto or to the clerk all assets of the estate under this control and shall file with the clerk a verified statement of:
(1) The collector’s accounts since the collector’s qualification, or if the collector has previously filed an account, a statement of the collector’s accounts since the date thereof;
Terms Used In North Carolina General Statutes 28A-11-4
- 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
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Personal representative: includes both an executor and an administrator, but does not include a collector. See North Carolina General Statutes 28A-1-1
(2) The assets of the estate and their location;
(3) The debts and liabilities of the estate;
(4) All facts and circumstances known to the collector the disclosure of which is necessary for a full and fair assessment of the collector’s conduct of the office; and
(5) All additional facts and circumstances known to the collector the disclosure of which is necessary for a full and fair understanding of all matters concerning the estate.
(c) The clerk of superior court shall examine the account of the collector and if the clerk finds all of the accounts proper, the clerk shall by order approve the account. (R.C., c. 46, s. 7; C.C.P., s. 466; 1868-9, c. 113, s. 115; Code, s. 1386; Rev., s. 25; C.S., s. 27; 1973, c. 1329, s. 3; 2011-344, s. 4.)