§ 28A-19-15. Disputed claim may be referred. - North Carolina Statutes

§28A‑19‑15.  Disputed claim may be referred.

If the personal representativedoubts the justness of any claim so presented, he may enter into an agreement,in writing, with the claimant, to refer the matter in controversy, whether thesame be of a legal or equitable nature, to one or more disinterested persons,not exceeding three, whose proceedings shall be the same in all respects as ifsuch reference had been ordered in an action. Such agreement to refer, and theaward thereupon, shall be filed in the clerk's office where the letters weregranted, and shall be a lawful voucher for the personal representative. Thesame may be impeached in any proceeding against the personal representative forfraud therein:  Provided, that the right to refer claims under this sectionshall extend to claims in favor of the estate as well as those against theestate. (1868‑9, c. 113, s. 34; 1872‑3, c. 141;Code, s. 1426; Rev., s. 92; C.S., s. 99; 1973, c. 1329, s. 3.)