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North Carolina Assignment of Portion of Expected Interest in Estate in Order to Pay Indebtedness
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§ 28A-2-4. Subject matter jurisdiction of the clerk of superior court in estate proceedings. (a) The clerks of superior court of this State, as ex officio judges of probate, shall have original jurisdiction of estate proceedings.
NC Specifics If the executor has faithfully fulfilled the notification duties in Task: Publish Notice of Death, then creditors will have only 90 days from the date of the first publication of notice to creditors, or 90 days from an individual notification, whichever comes later.
The personal representative has the power to take possession, custody or control of the real property of the decedent if the personal representative determines such possession, custody or control is in the best interest of the administration of the estate, including the power to eject occupants of real property.
§ 28A-4-1. Order of persons qualified to serve. If no person so named or designated qualifies, letters testamentary shall be granted to some other person nominated by a person upon whom the will expressly confers the authority to make such nomination.
There are multiple ways in which estate executors can be given permission to sell real property. One of the common ways to be given permission is if the decedent had a will that directed the executor to sell the property without court involvement.
§ 28A-25-2. The person or lessor is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit.
G.S. 28A-2A-2. § 28A-2A-2. Executor failing, beneficiary may apply. If no executor applies to have the will proved within 60 days after the death of the testator, any devisee named in the will, or any other person interested in the estate, may make such application, upon 10 days' notice thereof to the executor.