State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-20-2

§28A‑20‑2.  Compelling the inventory.

(a)        If the inventoryspecified in G.S. 28A‑20‑1 is not filed as prescribed, the clerk ofsuperior court must issue an order requiring the personal representative orcollector to file it within the time specified in the order, not less than 20days, or to show cause why he should not be removed from office. If, after dueservice of the order, the personal representative or collector does not on orbefore the return day of the order file such inventory or obtain further timein which to file it, the clerk may remove him from office or may issue anattachment against him for a contempt and commit him until he files saidinventory report.

(b)        The personalrepresentative or collector shall be personally liable for the costs of anyproceeding incident to his failure to file the inventory required by G.S. 28A‑20‑1.Such costs shall be taxed against him by the clerk of superior court and may becollected by deduction from any commissions which may be found due the personalrepresentative or collector upon final settlement of the estate. (1868‑9, c. 113, s. 9; Code, s. 1397; Rev., s. 43; C.S., s. 49; 1929, c. 9, s. 1;1933, c. 100; 1973, c. 1329, s. 3.)

State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-20-2

§28A‑20‑2.  Compelling the inventory.

(a)        If the inventoryspecified in G.S. 28A‑20‑1 is not filed as prescribed, the clerk ofsuperior court must issue an order requiring the personal representative orcollector to file it within the time specified in the order, not less than 20days, or to show cause why he should not be removed from office. If, after dueservice of the order, the personal representative or collector does not on orbefore the return day of the order file such inventory or obtain further timein which to file it, the clerk may remove him from office or may issue anattachment against him for a contempt and commit him until he files saidinventory report.

(b)        The personalrepresentative or collector shall be personally liable for the costs of anyproceeding incident to his failure to file the inventory required by G.S. 28A‑20‑1.Such costs shall be taxed against him by the clerk of superior court and may becollected by deduction from any commissions which may be found due the personalrepresentative or collector upon final settlement of the estate. (1868‑9, c. 113, s. 9; Code, s. 1397; Rev., s. 43; C.S., s. 49; 1929, c. 9, s. 1;1933, c. 100; 1973, c. 1329, s. 3.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-20-2

§28A‑20‑2.  Compelling the inventory.

(a)        If the inventoryspecified in G.S. 28A‑20‑1 is not filed as prescribed, the clerk ofsuperior court must issue an order requiring the personal representative orcollector to file it within the time specified in the order, not less than 20days, or to show cause why he should not be removed from office. If, after dueservice of the order, the personal representative or collector does not on orbefore the return day of the order file such inventory or obtain further timein which to file it, the clerk may remove him from office or may issue anattachment against him for a contempt and commit him until he files saidinventory report.

(b)        The personalrepresentative or collector shall be personally liable for the costs of anyproceeding incident to his failure to file the inventory required by G.S. 28A‑20‑1.Such costs shall be taxed against him by the clerk of superior court and may becollected by deduction from any commissions which may be found due the personalrepresentative or collector upon final settlement of the estate. (1868‑9, c. 113, s. 9; Code, s. 1397; Rev., s. 43; C.S., s. 49; 1929, c. 9, s. 1;1933, c. 100; 1973, c. 1329, s. 3.)