(a) The petition shallbe signed by the surviving spouse and verified to be accurate and complete tothe best of the spouse's knowledge and belief and shall state as follows:
(1) The name and addressof the spouse and the fact that he or she is the surviving spouse of thedecedent;
(2) The name anddomicile of the decedent at the time of death;
(3) The date and placeof death of the decedent;
(4) The date and placeof marriage of the spouse and the decedent;
(5) A descriptionsufficient to identify each tract of real property owned in whole or in part bythe decedent at the time of death;
(6) A description of thenature of the decedent's personal property and the location of such property,as far as these facts are known or can with reasonable diligence beascertained;
(7) The probable valueof the decedent's personal property, so far as the value is known or can withreasonable diligence be ascertained;
(8) That no applicationor petition for appointment of a personal representative is pending or has beengranted in this State;
(9) That the spouse isthe sole devisee or sole heir, or both, of the decedent, and that there is noother devisee or heir; that the decedent's will, if any, does not prohibitsummary administration; and that any property passing to the spouse under thewill is not in trust;
(10) The name and addressof any executor or coexecutor named by the will and that, if the decedent diedtestate, a copy of the petition has been personally delivered or sent by first‑classmail by the spouse to the last‑known address of any executor orcoexecutor named by the will, if different from the spouse;
(11) That, to the extentof the value of the property received by the spouse under the will of thedecedent or by intestate succession, the spouse assumes all liabilities of thedecedent that were not discharged by reason of death and assumes liability forall taxes and valid claims against the decedent or the estate, as provided inG.S. 28A‑28‑6; and
(12) If the decedent diedtestate, that the decedent's will has been admitted to probate in the court ofthe proper county; that a duly certified copy of the will has been recorded ineach county in which is located any real property owned by the decedent at thetime of death; and that a certified copy of the decedent's will is attached tothe petition.
(b) The petition shallbe filed by the clerk upon payment of the fee provided in G.S. 7A‑307 andshall be indexed in the index to estates. (1995, c. 294, s. 1; c. 509,s. 135.2(a).)
(a) The petition shallbe signed by the surviving spouse and verified to be accurate and complete tothe best of the spouse's knowledge and belief and shall state as follows:
(1) The name and addressof the spouse and the fact that he or she is the surviving spouse of thedecedent;
(2) The name anddomicile of the decedent at the time of death;
(3) The date and placeof death of the decedent;
(4) The date and placeof marriage of the spouse and the decedent;
(5) A descriptionsufficient to identify each tract of real property owned in whole or in part bythe decedent at the time of death;
(6) A description of thenature of the decedent's personal property and the location of such property,as far as these facts are known or can with reasonable diligence beascertained;
(7) The probable valueof the decedent's personal property, so far as the value is known or can withreasonable diligence be ascertained;
(8) That no applicationor petition for appointment of a personal representative is pending or has beengranted in this State;
(9) That the spouse isthe sole devisee or sole heir, or both, of the decedent, and that there is noother devisee or heir; that the decedent's will, if any, does not prohibitsummary administration; and that any property passing to the spouse under thewill is not in trust;
(10) The name and addressof any executor or coexecutor named by the will and that, if the decedent diedtestate, a copy of the petition has been personally delivered or sent by first‑classmail by the spouse to the last‑known address of any executor orcoexecutor named by the will, if different from the spouse;
(11) That, to the extentof the value of the property received by the spouse under the will of thedecedent or by intestate succession, the spouse assumes all liabilities of thedecedent that were not discharged by reason of death and assumes liability forall taxes and valid claims against the decedent or the estate, as provided inG.S. 28A‑28‑6; and
(12) If the decedent diedtestate, that the decedent's will has been admitted to probate in the court ofthe proper county; that a duly certified copy of the will has been recorded ineach county in which is located any real property owned by the decedent at thetime of death; and that a certified copy of the decedent's will is attached tothe petition.
(b) The petition shallbe filed by the clerk upon payment of the fee provided in G.S. 7A‑307 andshall be indexed in the index to estates. (1995, c. 294, s. 1; c. 509,s. 135.2(a).)
(a) The petition shallbe signed by the surviving spouse and verified to be accurate and complete tothe best of the spouse's knowledge and belief and shall state as follows:
(1) The name and addressof the spouse and the fact that he or she is the surviving spouse of thedecedent;
(2) The name anddomicile of the decedent at the time of death;
(3) The date and placeof death of the decedent;
(4) The date and placeof marriage of the spouse and the decedent;
(5) A descriptionsufficient to identify each tract of real property owned in whole or in part bythe decedent at the time of death;
(6) A description of thenature of the decedent's personal property and the location of such property,as far as these facts are known or can with reasonable diligence beascertained;
(7) The probable valueof the decedent's personal property, so far as the value is known or can withreasonable diligence be ascertained;
(8) That no applicationor petition for appointment of a personal representative is pending or has beengranted in this State;
(9) That the spouse isthe sole devisee or sole heir, or both, of the decedent, and that there is noother devisee or heir; that the decedent's will, if any, does not prohibitsummary administration; and that any property passing to the spouse under thewill is not in trust;
(10) The name and addressof any executor or coexecutor named by the will and that, if the decedent diedtestate, a copy of the petition has been personally delivered or sent by first‑classmail by the spouse to the last‑known address of any executor orcoexecutor named by the will, if different from the spouse;
(11) That, to the extentof the value of the property received by the spouse under the will of thedecedent or by intestate succession, the spouse assumes all liabilities of thedecedent that were not discharged by reason of death and assumes liability forall taxes and valid claims against the decedent or the estate, as provided inG.S. 28A‑28‑6; and
(12) If the decedent diedtestate, that the decedent's will has been admitted to probate in the court ofthe proper county; that a duly certified copy of the will has been recorded ineach county in which is located any real property owned by the decedent at thetime of death; and that a certified copy of the decedent's will is attached tothe petition.
(b) The petition shallbe filed by the clerk upon payment of the fee provided in G.S. 7A‑307 andshall be indexed in the index to estates. (1995, c. 294, s. 1; c. 509,s. 135.2(a).)
