§ 28A-28-1. Summary administration where spouse is sole beneficiary. - North-carolina Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-28-1

Article28.

Summary Administration.

§ 28A‑28‑1. Summary administration where spouse is sole beneficiary.

When a decedent dies testateor intestate leaving a surviving spouse as the sole devisee or heir, thesurviving spouse may file a petition for summary administration with the clerkof superior court of the county where the decedent was domiciled at the time ofdeath. This procedure is available if the decedent died partially testate,provided that the surviving spouse is the sole devisee under the will and thesole heir of the decedent's intestate property. This procedure is not availableif the decedent's will provides that it is not available or if the devise tothe surviving spouse is in trust rather than outright. (1995,c. 294, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-28-1

Article28.

Summary Administration.

§ 28A‑28‑1. Summary administration where spouse is sole beneficiary.

When a decedent dies testateor intestate leaving a surviving spouse as the sole devisee or heir, thesurviving spouse may file a petition for summary administration with the clerkof superior court of the county where the decedent was domiciled at the time ofdeath. This procedure is available if the decedent died partially testate,provided that the surviving spouse is the sole devisee under the will and thesole heir of the decedent's intestate property. This procedure is not availableif the decedent's will provides that it is not available or if the devise tothe surviving spouse is in trust rather than outright. (1995,c. 294, s. 1.)

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-28-1

Article28.

Summary Administration.

§ 28A‑28‑1. Summary administration where spouse is sole beneficiary.

When a decedent dies testateor intestate leaving a surviving spouse as the sole devisee or heir, thesurviving spouse may file a petition for summary administration with the clerkof superior court of the county where the decedent was domiciled at the time ofdeath. This procedure is available if the decedent died partially testate,provided that the surviving spouse is the sole devisee under the will and thesole heir of the decedent's intestate property. This procedure is not availableif the decedent's will provides that it is not available or if the devise tothe surviving spouse is in trust rather than outright. (1995,c. 294, s. 1.)