§ 105-32.3. Liability for estate tax. - North Carolina Statutes

§105‑32.3.  Liability for estate tax.

(a)        Primary. – The taximposed by this Article is payable from the assets of the estate. A person whoreceives property from an estate is liable for the amount of estate taxattributable to that property.

(b)        PersonalRepresentative. – The personal representative of an estate is liable for anestate tax that is not paid within two years after it was due. This liabilityis limited to the value of the assets of the estate that were under the controlof the personal representative. The amount for which the personalrepresentative is liable may be recovered from the personal representative orfrom the surety on any bond filed by the personal representative under Article8 of Chapter 28A of the General Statutes.

(c)        Clerk of Court. – Aclerk of court who allows a personal representative to make a final settlementof an estate without presenting one of the following is liable on the clerk'sbond for any estate tax due:

(1)        An affirmation bythe personal representative certifying that no tax is due on the estate becausethis Article does not require an estate tax return to be filed for that estate.

(2)        A certificate issuedby the Secretary stating that the tax liability of the estate has beensatisfied. (1998‑212, s. 29A.2(b).)