State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-22

§1‑22.  Death before limitation expires; action by or against personalrepresentative or collector.

If a person entitled to bringan action dies before the expiration of the time limited for the commencementthereof, and the cause of action survives, an action may be commenced by hispersonal representative or collector after the expiration of that time, andwithin one year from his death. If a person against whom an action may bebrought dies before the expiration of the time limited for the commencement thereof,and the cause of action survives, an action may  be commenced against hispersonal representative or collector after the expiration of that time;provided, the action is brought or notice of the claim upon which the action isbased is presented to the personal representative or collector within the timespecified for the presentation of claims in G.S. 28A‑19‑3. If theclaim upon which the cause of action is based is filed with the personalrepresentative or  collector within the time above specified, and its validityis admitted in writing by him, it is not necessary to bring an action upon suchclaim to prevent the bar, but no action shall be brought against the personalrepresentative or collector upon such claim after his final settlement. (C.C.P.,s. 43; 1881, c. 80; Code, s. 164; Rev., s. 367; C.S., s. 412; 1977, c. 446, s.2.)