North Carolina General Statutes 28A-19-2. Further information or affidavit of claim may be required
(a) If the personal representative or collector so elects, the personal representative or collector may demand any or all of the following prior to taking action on the claim:
(1) If the claim is not yet due, that the date when it will become due be stated;
Terms Used In North Carolina General Statutes 28A-19-2
- 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.
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Personal representative: includes both an executor and an administrator, but does not include a collector. See North Carolina General Statutes 28A-1-1
(2) If the claim is contingent or unliquidated, that the nature of the uncertainty be stated;
(3) If the claim is secured, that the security be described.
(b) Upon any claim being presented against the estate in the manner prescribed in N.C. Gen. Stat. § 28A-19-1, the personal representative or collector may require the affidavit of the claimant or other satisfactory evidence that such claim is justly due, that no payments have been made thereon, and that there are no offsets against the same, to the knowledge of the claimant; or if any payments have been made, or any offsets exist that their nature and amount be shown by the evidence or stated in the affidavit. (1868-9, c. 113, s. 33; Code, s. 1425; Rev., s. 91; C.S., s. 98; 1973, c. 1329, s. 3; 1977, c. 446, s. 1; 2011-344, s. 4.)