State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-26-2

§28A‑26‑2.  Payment of debt and delivery of property to domiciliarypersonal representative of a nonresident decedent without ancillaryadministration in this State.

(a)        At any time afterthe expiration of 60 days from the death of a nonresident decedent, anyresident of this State indebted to the estate of the nonresident decedent orhaving possession or control of personal property, or of an instrumentevidencing a debt, obligation, stock or chose in action belonging to the estateof the nonresident decedent may pay the debt or deliver the personal property,or the instrument evidencing the debt, obligation, stock or chose in action, tothe domiciliary personal representative of the nonresident decedent upon beingpresented with a certified or exemplified copy of his letters of appointmentand an affidavit made by or on behalf of the domiciliary personalrepresentative stating:

(1)        The date of thedeath of the nonresident decedent;

(2)        That to the best ofhis knowledge no administration, or application or petition therefor, ispending in this State;

(3)        That the domiciliarypersonal representative is entitled to payment or delivery.

(b)        Payment or deliverymade in good faith on the basis of the proof of appointment as domiciliarypersonal representative of a nonresident decedent and an affidavit meeting therequirements of subsection (a) constitutes a release to the same extent as ifpayment or delivery had been made to an ancillary personal representative.

(c)        Payment or deliveryunder this section shall not be made if a resident creditor of the nonresidentdecedent has, by registered or certified mail, notified the resident debtor ofthe nonresident decedent or the resident having possession of the personalproperty belonging to the nonresident decedent that the debt should not be paidnor the property delivered to the domiciliary personal representative of thenonresident decedent. If no ancillary administrator qualifies within 90 daysfrom the date of the notice, however, the resident debtor may pay the debt ordeliver the property directly to the nonresident domiciliary personalrepresentative as set forth in subsection (a) of this section. (1973,c. 1329, s. 3; 1975, c. 300, s. 11.)

State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-26-2

§28A‑26‑2.  Payment of debt and delivery of property to domiciliarypersonal representative of a nonresident decedent without ancillaryadministration in this State.

(a)        At any time afterthe expiration of 60 days from the death of a nonresident decedent, anyresident of this State indebted to the estate of the nonresident decedent orhaving possession or control of personal property, or of an instrumentevidencing a debt, obligation, stock or chose in action belonging to the estateof the nonresident decedent may pay the debt or deliver the personal property,or the instrument evidencing the debt, obligation, stock or chose in action, tothe domiciliary personal representative of the nonresident decedent upon beingpresented with a certified or exemplified copy of his letters of appointmentand an affidavit made by or on behalf of the domiciliary personalrepresentative stating:

(1)        The date of thedeath of the nonresident decedent;

(2)        That to the best ofhis knowledge no administration, or application or petition therefor, ispending in this State;

(3)        That the domiciliarypersonal representative is entitled to payment or delivery.

(b)        Payment or deliverymade in good faith on the basis of the proof of appointment as domiciliarypersonal representative of a nonresident decedent and an affidavit meeting therequirements of subsection (a) constitutes a release to the same extent as ifpayment or delivery had been made to an ancillary personal representative.

(c)        Payment or deliveryunder this section shall not be made if a resident creditor of the nonresidentdecedent has, by registered or certified mail, notified the resident debtor ofthe nonresident decedent or the resident having possession of the personalproperty belonging to the nonresident decedent that the debt should not be paidnor the property delivered to the domiciliary personal representative of thenonresident decedent. If no ancillary administrator qualifies within 90 daysfrom the date of the notice, however, the resident debtor may pay the debt ordeliver the property directly to the nonresident domiciliary personalrepresentative as set forth in subsection (a) of this section. (1973,c. 1329, s. 3; 1975, c. 300, s. 11.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-26-2

§28A‑26‑2.  Payment of debt and delivery of property to domiciliarypersonal representative of a nonresident decedent without ancillaryadministration in this State.

(a)        At any time afterthe expiration of 60 days from the death of a nonresident decedent, anyresident of this State indebted to the estate of the nonresident decedent orhaving possession or control of personal property, or of an instrumentevidencing a debt, obligation, stock or chose in action belonging to the estateof the nonresident decedent may pay the debt or deliver the personal property,or the instrument evidencing the debt, obligation, stock or chose in action, tothe domiciliary personal representative of the nonresident decedent upon beingpresented with a certified or exemplified copy of his letters of appointmentand an affidavit made by or on behalf of the domiciliary personalrepresentative stating:

(1)        The date of thedeath of the nonresident decedent;

(2)        That to the best ofhis knowledge no administration, or application or petition therefor, ispending in this State;

(3)        That the domiciliarypersonal representative is entitled to payment or delivery.

(b)        Payment or deliverymade in good faith on the basis of the proof of appointment as domiciliarypersonal representative of a nonresident decedent and an affidavit meeting therequirements of subsection (a) constitutes a release to the same extent as ifpayment or delivery had been made to an ancillary personal representative.

(c)        Payment or deliveryunder this section shall not be made if a resident creditor of the nonresidentdecedent has, by registered or certified mail, notified the resident debtor ofthe nonresident decedent or the resident having possession of the personalproperty belonging to the nonresident decedent that the debt should not be paidnor the property delivered to the domiciliary personal representative of thenonresident decedent. If no ancillary administrator qualifies within 90 daysfrom the date of the notice, however, the resident debtor may pay the debt ordeliver the property directly to the nonresident domiciliary personalrepresentative as set forth in subsection (a) of this section. (1973,c. 1329, s. 3; 1975, c. 300, s. 11.)