State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_28C > GS_28C-2

§28C‑2.  Action for receiver; contents of complaint; parties.

(a)        Action for Receiverto Be Instituted in the Superior Court. – If any person having an interest inany property in this State disappears and is absent from his place of residenceand after diligent inquiry his whereabouts remains unknown to those personsmost likely to know the same, for a period of 30 days or more, anyone who wouldbe entitled to administer the estate of such absentee if he were deceased, orany interested person, may commence a civil action and file a duly verifiedcomplaint in the superior court of either the county of such absentee'sdomicile, or the county where any of his property is situated.

(b)        Contents of theComplaint. – The complaint shall contain the following:

(1)        The name, age,occupation, and last known residence or address of such absentee;

(2)        The date andcircumstances of his disappearance;

(3)        So far as known, aschedule of all his property within this State, including property in which hehas an interest as tenant by the entirety, and other property in which he is co‑owner with or without the right of survivorship;

(4)        The names andaddresses of the person who would have an interest in the estate of suchabsentee if he were deceased;

(5)        The names and addressesof all persons known to the complainant to claim an interest in the absentee'sproperty; and

(6)        A prayer, thatancillary to the principal action, a receiver  be appointed by virtue of theprovisions of this Chapter to take custody and control of such property of theabsentee and to preserve and manage the same pending final disposition of  theaction as provided in G.S. 28C‑11.

(c)        Parties to theAction. – The absentee, all persons who would have an interest in the estate ofsuch absentee if he were deceased, all persons known to claim an interest inthe absentee's property, and all known insurers of the life of the absenteeshall be made parties to the action. A guardian ad litem shall be appointed forthe absentee, and shall file an answer in his behalf. (1965,c. 815, s. 1; 1973, c. 522, s. 11; c. 1329, s. 2.)