§ 28A-14-1. Notice for claims. - North Carolina Statutes

Article14.

Notice to Creditors.

§ 28A‑14‑1. Notice for claims.

(a)        Every personalrepresentative and collector after the granting of letters shall notify allpersons, firms and corporations having claims against the decedent to presentthe same to such personal representative or collector, on or before a day to benamed in such notice, which day must be at least three months from the day ofthe first publication or posting of such notice.  The notice shall set out amailing address for the personal representative or collector.  The notice shallbe published once a week for four consecutive weeks in a newspaper qualified topublish legal advertisements, if any such newspaper is published in thecounty.  If there is no newspaper published in the county, but there is anewspaper having general circulation in the county, then at the option of thepersonal representative, or collector, the notice shall be published once aweek for four consecutive weeks in the newspaper having general circulation inthe county and posted at the courthouse or the notice shall be posted at thecourthouse and four other public places in the county.  Personalrepresentatives are not required to publish or mail notice to creditors if theonly asset of the estate consists of a claim for damages arising from death bywrongful act.  When any collector or personal representative of an estate haspublished or mailed the notice provided for by this section, no furtherpublication or mailing shall be required by any other collector or personalrepresentative.

(b)        Prior to filing theproof of notice required by G.S. 28A‑14‑2, every personalrepresentative and collector shall personally deliver or send by first classmail to the last known address a copy of the notice required by subsection (a) ofthis section to all persons, firms, and corporations having unsatisfied claimsagainst the decedent who are actually known or can be reasonably ascertained bythe personal representative or collector within 75 days after the granting ofletters.  Provided, however, no notice shall be required to be delivered ormailed with respect to any claim that is recognized as a valid claim by thepersonal representative or collector.

(c)        The personalrepresentative or collector may personally deliver or mail by first class maila copy of the notice required by subsection (a) of this section to allcreditors of the estate whose names and addresses can be ascertained withreasonable diligence.  If the personal representative or collector in goodfaith believes that the notice required by subsection (b) of this section to aparticular creditor is or may be required and gives notice based on thatbelief, the personal representative or collector is not liable to any personfor giving the notice, whether or not the notice is actually required bysubsection (b) of this section.  If the personal representative or collector ingood faith fails to give notice required by subsection (b) of this section, thepersonal representative or collector is not liable to any person for suchfailure. (1868‑9, c. 113, s. 29; 1881, c. 278, s. 2;Code, ss. 1421, 1422; Rev., s. 39; C.S., s. 45; 1945, c. 635; 1949, c. 47; c.63, s. 1; 1955, c. 625; 1961, c. 26, s. 1; c. 741, s. 1; 1973, c. 1329, s. 3;1977, c. 446, s. 1; 1985, c. 319; 1987 (Reg. Sess., 1988), c. 1077, s. 1; 1989,c. 378, s. 1, c. 770, s. 8; 1991, c. 282, s. 1.)