State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_28C > GS_28C-13

§28C‑13.  Distribution of property of absentee.

The property remaining fordistribution in accordance with the provisions of G.S. 28C‑12,subdivision (3)d shall be transferred or distributed by the receiver and inaccordance with the judge's decree to those persons who would be entitledthereto under the applicable laws of intestate succession as though theabsentee died intestate on the day five years after the date of hisdisappearance as determined by the judge in his final finding and decree; or,if the absentee leaves a document which, had he died, might have beenadmissible to probate as his will, the judge administering the receivershipshall cause citations to issue to all persons entitled to notice upon theprobate of wills in solemn form and determine whether the will would have beenadmitted to probate, and, if it shall be so determined, the transfer anddistribution shall be according to the provisions of the document as of thedate of the decree under G.S. 28C‑12, subdivision (3)d, subject, however,to the right of the spouse of such absentee, or others, to claim whateverproperty they would have been entitled by law to claim in derogation of theterms of the will as if the absentee had actually died testate on the date fiveyears after the date of his disappearance as determined by the judge in hisfinal finding and decree. (1965, c. 815, s. 1; 1973, c. 1329, s. 2.)