North Carolina General Statutes 28A-25-3. Disbursement and distribution of property collected by affidavit
(a) If there has been no personal representative or collector appointed by the clerk of superior court, the affiant who has collected personal property of the decedent by affidavit pursuant to N.C. Gen. Stat. § 28A-25-1 or N.C. Gen. Stat. § 28A-25-1.1 shall:
(1) Disburse and distribute the same in the following order:
a. To the payment of the surviving spouse’s year’s allowance and the children’s year’s allowance assigned in accordance with N.C. Gen. Stat. § 30-15 through N.C. Gen. Stat. § 30-33;
b. To the payment of the debts and claims against the estate of the decedent in the order of priority set forth in N.C. Gen. Stat. § 28A-19-6, or to the reimbursement of any person who has already made payment thereof;
c. To the distribution of the remainder of the personal property to the persons entitled thereto under the provisions of the will or of the Intestate Succession Act; and
Terms Used In North Carolina General Statutes 28A-25-3
- 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
- Decedent: A deceased person.
- 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
- Intestate: Dying without leaving a will.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Personal property: All property that is not real property.
- personal property: shall include moneys, goods, chattels, choses in action and evidences of debt, including all things capable of ownership, not descendable to heirs at law. 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
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(2) File an affidavit with the clerk of superior court that the affiant has collected the personal property of the decedent and the manner in which the affiant has disbursed and distributed the same. This final affidavit shall be filed within 90 days of the date of filing of the qualifying affidavit provided for in N.C. Gen. Stat. § 28A-25-1 or N.C. Gen. Stat. § 28A-25-1.1. If the affiant cannot file the final affidavit within 90 days, the affiant shall file a report with the clerk within that time period stating the affiant’s reasons. Upon determining that the affiant has good reason not to file the final affidavit within 90 days, the clerk may extend the time for filing up to one year from the date of filing the qualifying affidavit.
(b) Nothing in this section shall be construed as changing the rule of N.C. Gen. Stat. § 28A-15-1 and N.C. Gen. Stat. § 28A-15-5 rendering both real and personal property, without preference or priority, available for the discharge of debts and other claims against the estate of the decedent. If it appears that it may be in the best interest of the estate to sell, lease, or mortgage any real property to obtain money for the payment of debts or other claims against the decedent’s estate, the affiant shall petition the clerk of superior court for the appointment of a personal representative to conclude the administration of the decedent’s estate pursuant to N.C. Gen. Stat. § 28A-25-5. (1973, c. 1329, s. 3; 1983, c. 711, s. 1; 1985, c. 651, s. 4; 1987, c. 670, s. 3; 1989, c. 407, s. 3; 2011-344, s. 4.)