§ 28A-25-2. Effect of affidavit. - North Carolina Statutes

§28A‑25‑2.  Effect of affidavit.

The person paying, delivering,transferring or issuing personal property or the evidence thereof pursuant toan affidavit meeting the requirements of G.S. 28A‑25‑1(a) or G.S.28A‑25‑1.1(a) is discharged and released to the same extent as ifhe dealt with a duly qualified personal representative of the decedent. He isnot required to see to the application of the personal property or evidencethereof or to inquire into the truth of any statement in the affidavit. If anyperson to whom an affidavit is delivered refuses to pay, deliver, transfer, orissue any personal property or evidence thereof, it may be recovered or itspayment, delivery, transfer, or issuance compelled upon proof of their right inan action brought for that purpose by or on behalf of the persons entitledthereto. The court costs and attorney's fee incident to the action shall betaxed against the person whose refusal to comply with the provisions of G.S.28A‑25‑1(a) or G.S. 28A‑25‑1.1(a) made the action necessary.The heir or creditor to whom payment, delivery, transfer or issuance is made isanswerable and accountable therefor to any duly qualified personalrepresentative or collector of the decedent's estate or to any other personhaving an interest in the estate. (1973, c. 1329, s. 3; 1985,c. 651, s. 3; 1987, c. 670, s. 2.)