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Terms Used In North Carolina General Statutes 31C-6

  • Decedent: A deceased person.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Probate: Proving a will
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Trustee: A person or institution holding and administering property in trust.

(a) Written demand in this Chapter shall be made by a surviving spouse, the spouse’s successor in interest, or the decedent‘s heirs or devisees not later than six months after the decedent’s will has been admitted to probate, or not later than six months after the appointment of an administrator if there is no will, or not later than six months after the decedent’s death if the property to which this Chapter applies is held in an inter vivos trust created by the decedent; and written demand by a creditor of the decedent shall be made within the period for presentation of a claim against the decedent’s estate as set out in Article 19 of Chapter 28A.

(b) Written demand in this Chapter shall be delivered in person or by registered mail to the personal representative. As used in this Chapter, the personal representative may also mean the trustee of an inter vivos trust created by the decedent who has legal title to, or possession of, the property to which this Chapter applies. (1981, c. 882, s. 1.)