§ 28A‑25‑1.1. Collection of property by affidavit when decedent dies testate.
(a) When a decedentdies testate leaving personal property, less liens and encumbrances thereon,not exceeding twenty thousand dollars ($20,000) in value, at any time after 30days from the date of death, any person indebted to the decedent or havingpossession of tangible personal property or an instrument evidencing a debt,obligation, stock or chose in action belonging to the decedent shall makepayment of the indebtedness or deliver the tangible personal property or aninstrument evidencing a debt, obligation, stock or chose in action to a personclaiming to be the public administrator appointed pursuant to G.S. 28A‑12‑1,a person named or designated as executor in the will, devisee, heir orcreditor, of the decedent, not disqualified under G.S. 28A‑4‑2,upon being presented a certified copy of an affidavit filed in accordance withsubsection (b) and made by or on behalf of the heir, the person named ordesignated as executor in the will of the decedent, the creditor, the publicadministrator, or the devisee, stating:
(1) The name and addressof the affiant and the fact that he is the public administrator, a person namedor designated as executor in the will, devisee, heir or creditor, of thedecedent;
(2) The name of thedecedent and his residence at time of death;
(3) The date and placeof death of the decedent;
(4) That 30 days haveelapsed since the death of the decedent;
(5) That the decedentdied testate leaving personal property, less liens and encumbrances thereon,not exceeding twenty thousand dollars ($20,000) in value;
(6) That the decedent'swill has been admitted to probate in the court of the proper county and a dulycertified copy of the will has been recorded in each county in which is locatedany real property owned by the decedent at the time of his death;
(7) That a certifiedcopy of the decedent's will is attached to the affidavit;
(8) That no applicationor petition for appointment of a personal representative is pending or has beengranted in any jurisdiction;
(9) The names andaddresses of those persons who are entitled, under the provisions of the will,or if applicable, of the Intestate Succession Act, to the property of thedecedent; and their relationship, if any, to the decedent; and
(10) A descriptionsufficient to identify each tract of real property owned by the decedent at thetime of his death.
In those cases in which theaffiant is the surviving spouse, is entitled to all of the property of the decedent,and is not disqualified under G.S. 28A‑4‑2, the property describedin this subsection that may be collected pursuant to this section may exceed twenty thousand dollars ($20,000) in value but shall not exceed thirty thousanddollars ($30,000) in value. In such cases, the affidavit shall state: (i) thename and address of the affiant and the fact that he or she is the survivingspouse and is entitled, under the provisions of the decedent's will, or ifapplicable, of the Intestate Succession Act, to all of the property of thedecedent; (ii) that the decedent died testate leaving personal property, lessliens and encumbrances thereon, not exceeding thirty thousand dollars($30,000); and (iii) the information required under subdivisions (2), (3), (4),(6), (7), (8), and (10) of this subsection.
(b) Prior to therecovery of any assets of the decedent, a copy of the affidavit described insubsection (a) shall be filed in the office of the clerk of superior court ofthe county where the decedent had his domicile at the time of his death. Theaffidavit shall be filed by the clerk upon payment of the fee provided in G.S.7A‑307, shall be indexed in the index to estates, and a copy shall bemailed by the clerk to the persons shown in the affidavit as entitled to theproperty.
(c) The presentation ofan affidavit as provided in subsection (a) shall be sufficient to require thetransfer to the affiant or his designee of the title and license to a motorvehicle registered in the name of the decedent owner; the ownership rights of asavings account or checking account in a bank in the name of the decedentowner; the ownership rights of a savings account or share certificate in acredit union, building and loan association, or savings and loan association inthe name of the decedent owner; the ownership rights in any stock or securityregistered on the books of a corporation in the name of a decedent owner; orany other property or contract right owned by decedent at the time of hisdeath. (1985,c. 651, s. 2; 1987, c. 670, s. 1; 1989, c. 407, s. 2; 1995, c. 262, s. 2; 2009‑175,s. 2.)
§ 28A‑25‑1.1. Collection of property by affidavit when decedent dies testate.
(a) When a decedentdies testate leaving personal property, less liens and encumbrances thereon,not exceeding twenty thousand dollars ($20,000) in value, at any time after 30days from the date of death, any person indebted to the decedent or havingpossession of tangible personal property or an instrument evidencing a debt,obligation, stock or chose in action belonging to the decedent shall makepayment of the indebtedness or deliver the tangible personal property or aninstrument evidencing a debt, obligation, stock or chose in action to a personclaiming to be the public administrator appointed pursuant to G.S. 28A‑12‑1,a person named or designated as executor in the will, devisee, heir orcreditor, of the decedent, not disqualified under G.S. 28A‑4‑2,upon being presented a certified copy of an affidavit filed in accordance withsubsection (b) and made by or on behalf of the heir, the person named ordesignated as executor in the will of the decedent, the creditor, the publicadministrator, or the devisee, stating:
(1) The name and addressof the affiant and the fact that he is the public administrator, a person namedor designated as executor in the will, devisee, heir or creditor, of thedecedent;
(2) The name of thedecedent and his residence at time of death;
(3) The date and placeof death of the decedent;
(4) That 30 days haveelapsed since the death of the decedent;
(5) That the decedentdied testate leaving personal property, less liens and encumbrances thereon,not exceeding twenty thousand dollars ($20,000) in value;
(6) That the decedent'swill has been admitted to probate in the court of the proper county and a dulycertified copy of the will has been recorded in each county in which is locatedany real property owned by the decedent at the time of his death;
(7) That a certifiedcopy of the decedent's will is attached to the affidavit;
(8) That no applicationor petition for appointment of a personal representative is pending or has beengranted in any jurisdiction;
(9) The names andaddresses of those persons who are entitled, under the provisions of the will,or if applicable, of the Intestate Succession Act, to the property of thedecedent; and their relationship, if any, to the decedent; and
(10) A descriptionsufficient to identify each tract of real property owned by the decedent at thetime of his death.
In those cases in which theaffiant is the surviving spouse, is entitled to all of the property of the decedent,and is not disqualified under G.S. 28A‑4‑2, the property describedin this subsection that may be collected pursuant to this section may exceed twenty thousand dollars ($20,000) in value but shall not exceed thirty thousanddollars ($30,000) in value. In such cases, the affidavit shall state: (i) thename and address of the affiant and the fact that he or she is the survivingspouse and is entitled, under the provisions of the decedent's will, or ifapplicable, of the Intestate Succession Act, to all of the property of thedecedent; (ii) that the decedent died testate leaving personal property, lessliens and encumbrances thereon, not exceeding thirty thousand dollars($30,000); and (iii) the information required under subdivisions (2), (3), (4),(6), (7), (8), and (10) of this subsection.
(b) Prior to therecovery of any assets of the decedent, a copy of the affidavit described insubsection (a) shall be filed in the office of the clerk of superior court ofthe county where the decedent had his domicile at the time of his death. Theaffidavit shall be filed by the clerk upon payment of the fee provided in G.S.7A‑307, shall be indexed in the index to estates, and a copy shall bemailed by the clerk to the persons shown in the affidavit as entitled to theproperty.
(c) The presentation ofan affidavit as provided in subsection (a) shall be sufficient to require thetransfer to the affiant or his designee of the title and license to a motorvehicle registered in the name of the decedent owner; the ownership rights of asavings account or checking account in a bank in the name of the decedentowner; the ownership rights of a savings account or share certificate in acredit union, building and loan association, or savings and loan association inthe name of the decedent owner; the ownership rights in any stock or securityregistered on the books of a corporation in the name of a decedent owner; orany other property or contract right owned by decedent at the time of hisdeath. (1985,c. 651, s. 2; 1987, c. 670, s. 1; 1989, c. 407, s. 2; 1995, c. 262, s. 2; 2009‑175,s. 2.)
§ 28A‑25‑1.1. Collection of property by affidavit when decedent dies testate.
(a) When a decedentdies testate leaving personal property, less liens and encumbrances thereon,not exceeding twenty thousand dollars ($20,000) in value, at any time after 30days from the date of death, any person indebted to the decedent or havingpossession of tangible personal property or an instrument evidencing a debt,obligation, stock or chose in action belonging to the decedent shall makepayment of the indebtedness or deliver the tangible personal property or aninstrument evidencing a debt, obligation, stock or chose in action to a personclaiming to be the public administrator appointed pursuant to G.S. 28A‑12‑1,a person named or designated as executor in the will, devisee, heir orcreditor, of the decedent, not disqualified under G.S. 28A‑4‑2,upon being presented a certified copy of an affidavit filed in accordance withsubsection (b) and made by or on behalf of the heir, the person named ordesignated as executor in the will of the decedent, the creditor, the publicadministrator, or the devisee, stating:
(1) The name and addressof the affiant and the fact that he is the public administrator, a person namedor designated as executor in the will, devisee, heir or creditor, of thedecedent;
(2) The name of thedecedent and his residence at time of death;
(3) The date and placeof death of the decedent;
(4) That 30 days haveelapsed since the death of the decedent;
(5) That the decedentdied testate leaving personal property, less liens and encumbrances thereon,not exceeding twenty thousand dollars ($20,000) in value;
(6) That the decedent'swill has been admitted to probate in the court of the proper county and a dulycertified copy of the will has been recorded in each county in which is locatedany real property owned by the decedent at the time of his death;
(7) That a certifiedcopy of the decedent's will is attached to the affidavit;
(8) That no applicationor petition for appointment of a personal representative is pending or has beengranted in any jurisdiction;
(9) The names andaddresses of those persons who are entitled, under the provisions of the will,or if applicable, of the Intestate Succession Act, to the property of thedecedent; and their relationship, if any, to the decedent; and
(10) A descriptionsufficient to identify each tract of real property owned by the decedent at thetime of his death.
In those cases in which theaffiant is the surviving spouse, is entitled to all of the property of the decedent,and is not disqualified under G.S. 28A‑4‑2, the property describedin this subsection that may be collected pursuant to this section may exceed twenty thousand dollars ($20,000) in value but shall not exceed thirty thousanddollars ($30,000) in value. In such cases, the affidavit shall state: (i) thename and address of the affiant and the fact that he or she is the survivingspouse and is entitled, under the provisions of the decedent's will, or ifapplicable, of the Intestate Succession Act, to all of the property of thedecedent; (ii) that the decedent died testate leaving personal property, lessliens and encumbrances thereon, not exceeding thirty thousand dollars($30,000); and (iii) the information required under subdivisions (2), (3), (4),(6), (7), (8), and (10) of this subsection.
(b) Prior to therecovery of any assets of the decedent, a copy of the affidavit described insubsection (a) shall be filed in the office of the clerk of superior court ofthe county where the decedent had his domicile at the time of his death. Theaffidavit shall be filed by the clerk upon payment of the fee provided in G.S.7A‑307, shall be indexed in the index to estates, and a copy shall bemailed by the clerk to the persons shown in the affidavit as entitled to theproperty.
(c) The presentation ofan affidavit as provided in subsection (a) shall be sufficient to require thetransfer to the affiant or his designee of the title and license to a motorvehicle registered in the name of the decedent owner; the ownership rights of asavings account or checking account in a bank in the name of the decedentowner; the ownership rights of a savings account or share certificate in acredit union, building and loan association, or savings and loan association inthe name of the decedent owner; the ownership rights in any stock or securityregistered on the books of a corporation in the name of a decedent owner; orany other property or contract right owned by decedent at the time of hisdeath. (1985,c. 651, s. 2; 1987, c. 670, s. 1; 1989, c. 407, s. 2; 1995, c. 262, s. 2; 2009‑175,s. 2.)
