State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-25-6

§28A‑25‑6.  Payment to clerk of money owed decedent.

(a)        As an alternativeto the small estate settlement procedures of this Article, any person indebtedto a decedent may satisfy such indebtedness by paying the amount of the debt tothe clerk of the superior court of the county of the domicile of the decedent:

(1)        If no administratorhas been appointed, and

(2)        If the amount owedby such person does not exceed five thousand dollars ($5,000), and

(3)        If the sum tenderedto the clerk would not make the aggregate sum which has come into the clerk'shands belonging to the decedent exceed five thousand dollars ($5,000).

(b)        Such payments maynot be made to the clerk if the total amount paid or tendered with respect toany one decedent would exceed five thousand dollars ($5,000), even thoughdisbursements have been made so that the aggregate amount in the clerk's handsat any one time would not exceed five thousand dollars ($5,000).

(c)        If the sum tenderedpursuant to this section would make the aggregate sum coming into the clerk'shands with respect to any one decedent exceed five thousand dollars ($5,000)the clerk shall appoint an administrator, or the sum may be administered underthe preceding sections of this Article.

(d)        If it appears tothe clerk after making a preliminary survey that disbursements pursuant to thissection would not exhaust funds received pursuant to this section, he may, inhis discretion, appoint an administrator, or the funds may be administeredunder the preceding sections of this Article.

(e)        The receipt fromthe clerk of the superior court of a payment purporting to be made pursuant tothis section is a full release to the debtor for the payment so made.

(f)         If noadministrator has been appointed, the clerk of superior court shall disbursethe money received under this section for the following purposes and in thefollowing order:

(1)        To pay the survivingspouse's year's allowance and children's year's allowance assigned inaccordance with law;

(2),       (3) Repealed bySession Laws 1981, c. 383, s. 3.

(4)        All other claimsshall be disbursed according to the order set out in G.S. 28A‑19‑6.

Notwithstanding the foregoingprovisions of this subsection, the clerk shall pay, out of funds provided thedeceased pursuant to G.S. 111‑18 and Part 3 of Article 2 of Chapter 108Aof the General Statutes of North Carolina, any lawful claims for care providedby an adult care home to the deceased, incurred not more than 90 days prior tohis death. After the death of a spouse who died intestate and after thedisbursements have been made in accordance with this subsection, the balance inthe clerk's hands belonging to the estate of the decedent shall be paid to thesurviving spouse, and if there is no surviving spouse, the clerk shall pay itto the heirs in proportion to their respective interests.

(g)        The clerk shall notbe required to publish notice to creditors.

(h)        Whenever anadministrator is appointed after a clerk of superior court has received anymoney pursuant to this section, the clerk shall pay to the administrator allfunds which have not been disbursed. The clerk shall receive no commissions forpayments made to the administrator, and the administrator shall receive nocommissions for receiving such payments. (1921, c. 93; Ex. Sess. 1921,c. 65; C.S., s. 65(a); Ex. Sess. 1924, cc. 15, 58; 1927, c. 7; 1929, cc. 63,71, 121; 1931, c. 21; 1933, cc. 16, 94; 1935, cc. 69, 96, 367; 1937, cc. 13,31, 55, 121, 336, 377; 1939, cc. 383, 384; 1941, c. 176; 1943, cc. 24, 114,138, 560; 1945, cc. 152, 178, 555; 1947, cc. 203, 237; 1949, cc. 17, 81, 691,762; 1951, c. 380, s. 1; 1955, c. 1246, ss. 103; 1957, c. 491; 1959, c. 795,ss. 1‑4; 1965, c. 576, s. 1; 1973, c. 23; c. 1329, s. 1; 1975, c. 344;1979, c. 163; c. 762, s. 1; 1981, c. 383, s. 3; 1983, c. 65, s. 2; 1987, c.282, s. 6; 1989 (Reg. Sess., 1990), c. 1015, s. 1; 1995, c. 535, s. 2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-25-6

§28A‑25‑6.  Payment to clerk of money owed decedent.

(a)        As an alternativeto the small estate settlement procedures of this Article, any person indebtedto a decedent may satisfy such indebtedness by paying the amount of the debt tothe clerk of the superior court of the county of the domicile of the decedent:

(1)        If no administratorhas been appointed, and

(2)        If the amount owedby such person does not exceed five thousand dollars ($5,000), and

(3)        If the sum tenderedto the clerk would not make the aggregate sum which has come into the clerk'shands belonging to the decedent exceed five thousand dollars ($5,000).

(b)        Such payments maynot be made to the clerk if the total amount paid or tendered with respect toany one decedent would exceed five thousand dollars ($5,000), even thoughdisbursements have been made so that the aggregate amount in the clerk's handsat any one time would not exceed five thousand dollars ($5,000).

(c)        If the sum tenderedpursuant to this section would make the aggregate sum coming into the clerk'shands with respect to any one decedent exceed five thousand dollars ($5,000)the clerk shall appoint an administrator, or the sum may be administered underthe preceding sections of this Article.

(d)        If it appears tothe clerk after making a preliminary survey that disbursements pursuant to thissection would not exhaust funds received pursuant to this section, he may, inhis discretion, appoint an administrator, or the funds may be administeredunder the preceding sections of this Article.

(e)        The receipt fromthe clerk of the superior court of a payment purporting to be made pursuant tothis section is a full release to the debtor for the payment so made.

(f)         If noadministrator has been appointed, the clerk of superior court shall disbursethe money received under this section for the following purposes and in thefollowing order:

(1)        To pay the survivingspouse's year's allowance and children's year's allowance assigned inaccordance with law;

(2),       (3) Repealed bySession Laws 1981, c. 383, s. 3.

(4)        All other claimsshall be disbursed according to the order set out in G.S. 28A‑19‑6.

Notwithstanding the foregoingprovisions of this subsection, the clerk shall pay, out of funds provided thedeceased pursuant to G.S. 111‑18 and Part 3 of Article 2 of Chapter 108Aof the General Statutes of North Carolina, any lawful claims for care providedby an adult care home to the deceased, incurred not more than 90 days prior tohis death. After the death of a spouse who died intestate and after thedisbursements have been made in accordance with this subsection, the balance inthe clerk's hands belonging to the estate of the decedent shall be paid to thesurviving spouse, and if there is no surviving spouse, the clerk shall pay itto the heirs in proportion to their respective interests.

(g)        The clerk shall notbe required to publish notice to creditors.

(h)        Whenever anadministrator is appointed after a clerk of superior court has received anymoney pursuant to this section, the clerk shall pay to the administrator allfunds which have not been disbursed. The clerk shall receive no commissions forpayments made to the administrator, and the administrator shall receive nocommissions for receiving such payments. (1921, c. 93; Ex. Sess. 1921,c. 65; C.S., s. 65(a); Ex. Sess. 1924, cc. 15, 58; 1927, c. 7; 1929, cc. 63,71, 121; 1931, c. 21; 1933, cc. 16, 94; 1935, cc. 69, 96, 367; 1937, cc. 13,31, 55, 121, 336, 377; 1939, cc. 383, 384; 1941, c. 176; 1943, cc. 24, 114,138, 560; 1945, cc. 152, 178, 555; 1947, cc. 203, 237; 1949, cc. 17, 81, 691,762; 1951, c. 380, s. 1; 1955, c. 1246, ss. 103; 1957, c. 491; 1959, c. 795,ss. 1‑4; 1965, c. 576, s. 1; 1973, c. 23; c. 1329, s. 1; 1975, c. 344;1979, c. 163; c. 762, s. 1; 1981, c. 383, s. 3; 1983, c. 65, s. 2; 1987, c.282, s. 6; 1989 (Reg. Sess., 1990), c. 1015, s. 1; 1995, c. 535, s. 2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-25-6

§28A‑25‑6.  Payment to clerk of money owed decedent.

(a)        As an alternativeto the small estate settlement procedures of this Article, any person indebtedto a decedent may satisfy such indebtedness by paying the amount of the debt tothe clerk of the superior court of the county of the domicile of the decedent:

(1)        If no administratorhas been appointed, and

(2)        If the amount owedby such person does not exceed five thousand dollars ($5,000), and

(3)        If the sum tenderedto the clerk would not make the aggregate sum which has come into the clerk'shands belonging to the decedent exceed five thousand dollars ($5,000).

(b)        Such payments maynot be made to the clerk if the total amount paid or tendered with respect toany one decedent would exceed five thousand dollars ($5,000), even thoughdisbursements have been made so that the aggregate amount in the clerk's handsat any one time would not exceed five thousand dollars ($5,000).

(c)        If the sum tenderedpursuant to this section would make the aggregate sum coming into the clerk'shands with respect to any one decedent exceed five thousand dollars ($5,000)the clerk shall appoint an administrator, or the sum may be administered underthe preceding sections of this Article.

(d)        If it appears tothe clerk after making a preliminary survey that disbursements pursuant to thissection would not exhaust funds received pursuant to this section, he may, inhis discretion, appoint an administrator, or the funds may be administeredunder the preceding sections of this Article.

(e)        The receipt fromthe clerk of the superior court of a payment purporting to be made pursuant tothis section is a full release to the debtor for the payment so made.

(f)         If noadministrator has been appointed, the clerk of superior court shall disbursethe money received under this section for the following purposes and in thefollowing order:

(1)        To pay the survivingspouse's year's allowance and children's year's allowance assigned inaccordance with law;

(2),       (3) Repealed bySession Laws 1981, c. 383, s. 3.

(4)        All other claimsshall be disbursed according to the order set out in G.S. 28A‑19‑6.

Notwithstanding the foregoingprovisions of this subsection, the clerk shall pay, out of funds provided thedeceased pursuant to G.S. 111‑18 and Part 3 of Article 2 of Chapter 108Aof the General Statutes of North Carolina, any lawful claims for care providedby an adult care home to the deceased, incurred not more than 90 days prior tohis death. After the death of a spouse who died intestate and after thedisbursements have been made in accordance with this subsection, the balance inthe clerk's hands belonging to the estate of the decedent shall be paid to thesurviving spouse, and if there is no surviving spouse, the clerk shall pay itto the heirs in proportion to their respective interests.

(g)        The clerk shall notbe required to publish notice to creditors.

(h)        Whenever anadministrator is appointed after a clerk of superior court has received anymoney pursuant to this section, the clerk shall pay to the administrator allfunds which have not been disbursed. The clerk shall receive no commissions forpayments made to the administrator, and the administrator shall receive nocommissions for receiving such payments. (1921, c. 93; Ex. Sess. 1921,c. 65; C.S., s. 65(a); Ex. Sess. 1924, cc. 15, 58; 1927, c. 7; 1929, cc. 63,71, 121; 1931, c. 21; 1933, cc. 16, 94; 1935, cc. 69, 96, 367; 1937, cc. 13,31, 55, 121, 336, 377; 1939, cc. 383, 384; 1941, c. 176; 1943, cc. 24, 114,138, 560; 1945, cc. 152, 178, 555; 1947, cc. 203, 237; 1949, cc. 17, 81, 691,762; 1951, c. 380, s. 1; 1955, c. 1246, ss. 103; 1957, c. 491; 1959, c. 795,ss. 1‑4; 1965, c. 576, s. 1; 1973, c. 23; c. 1329, s. 1; 1975, c. 344;1979, c. 163; c. 762, s. 1; 1981, c. 383, s. 3; 1983, c. 65, s. 2; 1987, c.282, s. 6; 1989 (Reg. Sess., 1990), c. 1015, s. 1; 1995, c. 535, s. 2.)