State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-21-2_2

§ 28A‑21‑2.2. Final accounting by limited personal representative.

(a)        Filing Requirement.– A limited personal representative appointed pursuant to Article 29 of thisChapter shall file a sworn affidavit or report listing all debts and otherclaims duly presented to the limited personal representative and providingproof that the debts and other claims were satisfied, compromised, or denied,and that the time for filing suit thereon has expired. The sworn affidavit orreport shall be filed within 30 days of the later of the following:

(1)        The date by which aclaim must be presented as set forth in the general notice to creditorsprovided for in G.S. 28A‑14‑1.

(2)        The date by which anaction for recovery of a rejected claim must be commenced under G.S. 28A‑19‑6.

(b)        Action by Clerk. – Theaffidavit or report shall be reviewed and recorded by the clerk of superiorcourt. Following the review, the clerk of superior court shall take one of thefollowing actions:

(1)        Discharge thelimited personal representative from office.

(2)        Require the filingof any additional information or documents determined by the clerk to benecessary to the understanding of the affidavit or report.

(3)        Order the fulladministration of the decedent's estate and appoint a personal representative.  (2009‑444, s. 2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-21-2_2

§ 28A‑21‑2.2. Final accounting by limited personal representative.

(a)        Filing Requirement.– A limited personal representative appointed pursuant to Article 29 of thisChapter shall file a sworn affidavit or report listing all debts and otherclaims duly presented to the limited personal representative and providingproof that the debts and other claims were satisfied, compromised, or denied,and that the time for filing suit thereon has expired. The sworn affidavit orreport shall be filed within 30 days of the later of the following:

(1)        The date by which aclaim must be presented as set forth in the general notice to creditorsprovided for in G.S. 28A‑14‑1.

(2)        The date by which anaction for recovery of a rejected claim must be commenced under G.S. 28A‑19‑6.

(b)        Action by Clerk. – Theaffidavit or report shall be reviewed and recorded by the clerk of superiorcourt. Following the review, the clerk of superior court shall take one of thefollowing actions:

(1)        Discharge thelimited personal representative from office.

(2)        Require the filingof any additional information or documents determined by the clerk to benecessary to the understanding of the affidavit or report.

(3)        Order the fulladministration of the decedent's estate and appoint a personal representative.  (2009‑444, s. 2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-21-2_2

§ 28A‑21‑2.2. Final accounting by limited personal representative.

(a)        Filing Requirement.– A limited personal representative appointed pursuant to Article 29 of thisChapter shall file a sworn affidavit or report listing all debts and otherclaims duly presented to the limited personal representative and providingproof that the debts and other claims were satisfied, compromised, or denied,and that the time for filing suit thereon has expired. The sworn affidavit orreport shall be filed within 30 days of the later of the following:

(1)        The date by which aclaim must be presented as set forth in the general notice to creditorsprovided for in G.S. 28A‑14‑1.

(2)        The date by which anaction for recovery of a rejected claim must be commenced under G.S. 28A‑19‑6.

(b)        Action by Clerk. – Theaffidavit or report shall be reviewed and recorded by the clerk of superiorcourt. Following the review, the clerk of superior court shall take one of thefollowing actions:

(1)        Discharge thelimited personal representative from office.

(2)        Require the filingof any additional information or documents determined by the clerk to benecessary to the understanding of the affidavit or report.

(3)        Order the fulladministration of the decedent's estate and appoint a personal representative.  (2009‑444, s. 2.)