State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-22-7

§28A‑22‑7.  Distribution to parent or guardian of a minor.

(a)        If a devise orlegacy of personal property to a person under the age of 18 has a total valueof less than one thousand five hundred dollars ($1,500), and the devisee orlegatee is residing in the same household with a parent or a guardian appointedprior to the  decedent's death, the personal representative may distribute tothe parent or guardian the devise or legacy. However, such distribution shallonly be made with the prior approval of the clerk of court who issued theletters testamentary or of administration.

(b)        If suchdistribution has been made the parent or guardian shall use the property solelyfor the education, maintenance and support of the devisee or legatee. However,the parent or guardian shall not be required to file an accounting with theclerk of court or to the personal representative, nor shall such distributionbe cause for a delay in the filing of the personal representative's finalaccount under the provisions of Article 21 of this Chapter.

(c)        This sectionestablishes a procedure that is separate from the provisions of G.S. 33‑69.1and it is not the intention of this section to repeal in whole or in part theprovisions of G.S. 33‑69.1.

(d)        This section mayalso be applied to several devises or legacies of personal property to a singledevisee or legatee having a combined total value of less than one thousand fivehundred dollars ($1,500). (1975, c. 813, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-22-7

§28A‑22‑7.  Distribution to parent or guardian of a minor.

(a)        If a devise orlegacy of personal property to a person under the age of 18 has a total valueof less than one thousand five hundred dollars ($1,500), and the devisee orlegatee is residing in the same household with a parent or a guardian appointedprior to the  decedent's death, the personal representative may distribute tothe parent or guardian the devise or legacy. However, such distribution shallonly be made with the prior approval of the clerk of court who issued theletters testamentary or of administration.

(b)        If suchdistribution has been made the parent or guardian shall use the property solelyfor the education, maintenance and support of the devisee or legatee. However,the parent or guardian shall not be required to file an accounting with theclerk of court or to the personal representative, nor shall such distributionbe cause for a delay in the filing of the personal representative's finalaccount under the provisions of Article 21 of this Chapter.

(c)        This sectionestablishes a procedure that is separate from the provisions of G.S. 33‑69.1and it is not the intention of this section to repeal in whole or in part theprovisions of G.S. 33‑69.1.

(d)        This section mayalso be applied to several devises or legacies of personal property to a singledevisee or legatee having a combined total value of less than one thousand fivehundred dollars ($1,500). (1975, c. 813, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-22-7

§28A‑22‑7.  Distribution to parent or guardian of a minor.

(a)        If a devise orlegacy of personal property to a person under the age of 18 has a total valueof less than one thousand five hundred dollars ($1,500), and the devisee orlegatee is residing in the same household with a parent or a guardian appointedprior to the  decedent's death, the personal representative may distribute tothe parent or guardian the devise or legacy. However, such distribution shallonly be made with the prior approval of the clerk of court who issued theletters testamentary or of administration.

(b)        If suchdistribution has been made the parent or guardian shall use the property solelyfor the education, maintenance and support of the devisee or legatee. However,the parent or guardian shall not be required to file an accounting with theclerk of court or to the personal representative, nor shall such distributionbe cause for a delay in the filing of the personal representative's finalaccount under the provisions of Article 21 of this Chapter.

(c)        This sectionestablishes a procedure that is separate from the provisions of G.S. 33‑69.1and it is not the intention of this section to repeal in whole or in part theprovisions of G.S. 33‑69.1.

(d)        This section mayalso be applied to several devises or legacies of personal property to a singledevisee or legatee having a combined total value of less than one thousand fivehundred dollars ($1,500). (1975, c. 813, s. 1.)