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Terms Used In North Carolina General Statutes 28A-13-2

  • Decedent: A deceased person.
  • Fiduciary: A trustee, executor, or administrator.
  • Personal representative: includes both an executor and an administrator, but does not include a collector. See North Carolina General Statutes 28A-1-1

A personal representative is a fiduciary who, in addition to the specific duties stated in this Chapter, is under a general duty to settle the estate of the personal representative’s decedent as expeditiously and with as little sacrifice of value as is reasonable under all of the circumstances. A personal representative shall use the authority and powers conferred upon the personal representative by this Chapter, by the terms of the will under which the personal representative is acting, by any order of court in proceedings to which the personal representative is party, and by the rules generally applicable to fiduciaries, for the best interests of all persons interested in the estate, and with due regard for their respective rights. (1973, c. 1329, s. 3; 2011-344, s. 4.)