§ 116B-2. Unclaimed real and personal property escheats to the Escheat Fund. - North Carolina Statutes

§ 116B‑2. Unclaimed real and personal property escheats to the Escheat Fund.

Whenever the owner of any real or personal property situated or locatedwithin this State dies intestate, or dies testate but did not dispose of allreal or personal property by will, without leaving surviving any heirs, asdefined in G.S. 29‑2(3), to inherit said property under the laws of thisState, such real and personal property shall escheat. The State Treasurer shallhave the right to institute a civil action in the superior court of any countyin which such real or personal property is situated, against any administrator,executor, and unknown heirs or unknown claimants as party defendants,  whichunknown heirs or unknown claimants may be served with summons and notice of suchaction by publication as is now provided by the laws of this State. If anadministrator or executor has been appointed, he shall make a determinationthat there are no known heirs or unknown claimants and shall inform the StateTreasurer of that determination. The superior court in which such civil actionis instituted shall have the authority to enter a judgment therein declaringthe real and personal property unclaimed as having escheated, and the realproperty may be sold according to the provisions of G.S. 116B‑1. Adefault final judgment may be entered by the clerk of the superior court insuch cases when no answer is filed by the administrator, executor, unknownheirs or unknown claimants to the complaint, or if any answer is filed, theallegations of the complaint are either admitted or not denied by such partydefendants, and no claim is made in the answer to the property left by saiddeceased person. The funds derived from such sale shall be paid into theEscheat Fund where said funds, together with all other escheated funds, shallbe held without liability for profit or interest, subject to any just claimstherefor. (1957, c. 1105, s.1; 1971, c. 1135, s. 2; 1979, 2nd Sess., c. 1311, s. 1.)