(a) All of the real andpersonal property, both legal and equitable, of a decedent shall be assetsavailable for the discharge of debts and other claims against his estate in theabsence of a statute expressly excluding any such property. Provided thatbefore real property is selected the personal representative must determinethat such selection is in the best interest of the administration of theestate.
(b) In determining whatproperty of the estate shall be sold, leased, pledged, mortgaged or exchangedfor the payment of the debts of the decedent and other claims against hisestate, the personal representative shall select the assets which in hisjudgment are calculated to promote the best interests of the estate. In theselection of assets for this purpose, there shall be no necessary distinctionbetween real and personal property, absent any contrary provision in the will.
(c) If it shall bedetermined by the personal representative that it is in the best interest ofthe administration of the estate to sell, lease, or mortgage any real estate orinterest therein to obtain money for the payment of debts and other claimsagainst the decedent's estate, the personal representative shall institute aspecial proceeding before the clerk of superior court for such purpose pursuantto Article 17 of this Chapter, except that no such proceeding shall be requiredfor a sale made pursuant to authority given by will. A general provisiongranting authority to the personal representative to sell the testator's realproperty, or incorporation by reference of the provisions of G.S. 32‑27(2)shall be sufficient to eliminate the necessity for a proceeding under Article17. If a special proceeding has been instituted by the personal representativepursuant to G.S. 28A‑13‑3(c), the personal representative maypetition for sale, lease, or mortgage of any real property as a part of thatproceeding and is not required to institute a separate special proceeding.
(d) The crops of everydeceased person, remaining ungathered at his death, shall, in all cases, belongto the personal representative or collector, as part of the personal assets ofthe decedent's estate; and shall not pass to the devisee by virtue of anydevise of the land, unless such intent be manifest and specified in the will. (1868‑9, c. 113, ss.14, 15; Code, ss. 1406, 1407; Rev., ss. 45, 47; C.S., ss. 52, 54; 1973, c.1329, s. 3; 1975, c. 300, s. 5; 1985, c. 426; 2001‑413, s. 2.1; 2002‑159,s. 9.)
(a) All of the real andpersonal property, both legal and equitable, of a decedent shall be assetsavailable for the discharge of debts and other claims against his estate in theabsence of a statute expressly excluding any such property. Provided thatbefore real property is selected the personal representative must determinethat such selection is in the best interest of the administration of theestate.
(b) In determining whatproperty of the estate shall be sold, leased, pledged, mortgaged or exchangedfor the payment of the debts of the decedent and other claims against hisestate, the personal representative shall select the assets which in hisjudgment are calculated to promote the best interests of the estate. In theselection of assets for this purpose, there shall be no necessary distinctionbetween real and personal property, absent any contrary provision in the will.
(c) If it shall bedetermined by the personal representative that it is in the best interest ofthe administration of the estate to sell, lease, or mortgage any real estate orinterest therein to obtain money for the payment of debts and other claimsagainst the decedent's estate, the personal representative shall institute aspecial proceeding before the clerk of superior court for such purpose pursuantto Article 17 of this Chapter, except that no such proceeding shall be requiredfor a sale made pursuant to authority given by will. A general provisiongranting authority to the personal representative to sell the testator's realproperty, or incorporation by reference of the provisions of G.S. 32‑27(2)shall be sufficient to eliminate the necessity for a proceeding under Article17. If a special proceeding has been instituted by the personal representativepursuant to G.S. 28A‑13‑3(c), the personal representative maypetition for sale, lease, or mortgage of any real property as a part of thatproceeding and is not required to institute a separate special proceeding.
(d) The crops of everydeceased person, remaining ungathered at his death, shall, in all cases, belongto the personal representative or collector, as part of the personal assets ofthe decedent's estate; and shall not pass to the devisee by virtue of anydevise of the land, unless such intent be manifest and specified in the will. (1868‑9, c. 113, ss.14, 15; Code, ss. 1406, 1407; Rev., ss. 45, 47; C.S., ss. 52, 54; 1973, c.1329, s. 3; 1975, c. 300, s. 5; 1985, c. 426; 2001‑413, s. 2.1; 2002‑159,s. 9.)
(a) All of the real andpersonal property, both legal and equitable, of a decedent shall be assetsavailable for the discharge of debts and other claims against his estate in theabsence of a statute expressly excluding any such property. Provided thatbefore real property is selected the personal representative must determinethat such selection is in the best interest of the administration of theestate.
(b) In determining whatproperty of the estate shall be sold, leased, pledged, mortgaged or exchangedfor the payment of the debts of the decedent and other claims against hisestate, the personal representative shall select the assets which in hisjudgment are calculated to promote the best interests of the estate. In theselection of assets for this purpose, there shall be no necessary distinctionbetween real and personal property, absent any contrary provision in the will.
(c) If it shall bedetermined by the personal representative that it is in the best interest ofthe administration of the estate to sell, lease, or mortgage any real estate orinterest therein to obtain money for the payment of debts and other claimsagainst the decedent's estate, the personal representative shall institute aspecial proceeding before the clerk of superior court for such purpose pursuantto Article 17 of this Chapter, except that no such proceeding shall be requiredfor a sale made pursuant to authority given by will. A general provisiongranting authority to the personal representative to sell the testator's realproperty, or incorporation by reference of the provisions of G.S. 32‑27(2)shall be sufficient to eliminate the necessity for a proceeding under Article17. If a special proceeding has been instituted by the personal representativepursuant to G.S. 28A‑13‑3(c), the personal representative maypetition for sale, lease, or mortgage of any real property as a part of thatproceeding and is not required to institute a separate special proceeding.
(d) The crops of everydeceased person, remaining ungathered at his death, shall, in all cases, belongto the personal representative or collector, as part of the personal assets ofthe decedent's estate; and shall not pass to the devisee by virtue of anydevise of the land, unless such intent be manifest and specified in the will. (1868‑9, c. 113, ss.14, 15; Code, ss. 1406, 1407; Rev., ss. 45, 47; C.S., ss. 52, 54; 1973, c.1329, s. 3; 1975, c. 300, s. 5; 1985, c. 426; 2001‑413, s. 2.1; 2002‑159,s. 9.)
