State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_28C > GS_28C-11

§28C‑11.  Final finding and decree.

(a)        At any time, duringthe receivership proceedings, upon  application to the judge by any party ininterest and presentation of  satisfactory evidence of the absentee's death,the judge may make a final finding and decree that the absentee is dead; inwhich event the decree and transcript of all of the receivership proceedingsshall be  certified to the clerk of the superior court for any administrationas may be required by law upon the estate of a decedent, and the judge shallproceed no further except for the purposes hereinafter set forth in G.S. 28C‑12,subdivisions (1) and (4); or

(b)        At any time duringthe receivership proceedings, upon application to the judge by any party ininterest and presentation of  satisfactory evidence of the absentee's existenceand whereabouts, except as provided in G.S. 28C‑20, the judge may bedecree revoke his finding that he is an absentee, and the judge shall proceedno further except for the purposes hereinafter set forth in G.S. 28C‑12,subdivisions (2) and (4); or

(c)        After the lapse offive years from the date of the finding of disappearance provided for in G.S.28C‑6, if the absentee has not appeared and no finding and decree havebeen made in accordance with the provisions of either subsections (a) or (b)above, and subject to the provisions of G.S. 28C‑14, the judge mayproceed to take further evidence and thereafter make a final finding of suchabsence and enter a decree declaring that all interest of the absentee in hisproperty, including property in which he has an interest as tenant by theentirety and other property in which he is co‑owner with or without theright of survivorship, subject to the provisions of G.S. 28C‑8(7), hasceased and devolved upon others by reason of his failure to appear and makeclaim. (1965, c. 815, s. 1; 1973, c. 1329, s. 2.)