North Carolina General Statutes 28A-28-1. Summary administration where spouse is sole beneficiary
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Terms Used In North Carolina General Statutes 28A-28-1
- Decedent: A deceased person.
- Devise: To gift property by will.
- Devisee: means any person entitled to take real or personal property under the provisions of a valid, probated will. See North Carolina General Statutes 28A-1-1
- Heir: means any person entitled to take real or personal property upon intestacy under the provisions of Chapter 29 of the N. See North Carolina General Statutes 28A-1-1
- Intestate: Dying without leaving a will.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Testate: To die leaving a will.
When a decedent dies testate or intestate leaving a surviving spouse as the sole devisee or heir, the surviving spouse may file a petition for summary administration with the clerk of superior court of the county where the decedent was domiciled at the time of death. This procedure is available if the decedent died partially testate, provided that the surviving spouse is the sole devisee under the will and the sole heir of the decedent’s intestate property. This procedure is not available if the decedent’s will provides that it is not available or if the devise to the surviving spouse is in trust rather than outright. (1995, c. 294, s. 1.)