§ 28A-25-3. Disbursement and distribution of property collected by affidavit. - North Carolina Statutes

§28A‑25‑3.  Disbursement and distribution of property collected byaffidavit.

(a)        If there has beenno personal representative or collector appointed by the clerk of superiorcourt, the affiant who has collected personal property of the decedent byaffidavit pursuant to G.S. 28A‑25‑1 or G.S. 28A‑25‑1.1shall:

(1)        Disburse anddistribute the same in the following order:

a.         To the payment ofthe surviving spouse's year's allowance and the children's year's allowanceassigned in accordance with G.S. 30‑15 through G.S. 30‑33;

b.         To the payment ofthe debts and claims against the estate of the decedent in the order ofpriority set forth in G.S. 28A‑19‑6, or to the reimbursement of anyperson who has already made payment thereof;

c.         To the distributionof the remainder of the personal property to the persons entitled thereto underthe provisions of the will or of the Intestate Succession Act; and

(2)        File an affidavitwith the clerk of superior court that he has collected the personal property ofthe decedent and the manner in which he has disbursed and distributed the same.This final affidavit shall be filed within 90 days of the date of filing of thequalifying affidavit provided for in G.S. 28A‑25‑1 or G.S. 28A‑25‑1.1.If the affiant cannot file the final affidavit within 90 days, he shall file areport with the clerk within that time period stating his reasons. Upondetermining that the affiant has good reason not to file the final affidavitwithin 90 days, the clerk may extend the time for filing up to one year fromthe date of filing the qualifying affidavit.

(b)        Nothing in thissection shall be construed as changing the rule of G.S. 28A‑15‑1and G.S. 28A‑15‑5 rendering both real and personal property,without preference or priority, available for the discharge of debts and otherclaims against the estate of the decedent. If it appears that it may be in thebest interest of the estate to sell, lease, or mortgage any real property toobtain money for the payment of debts or other claims against the decedent's estate,the affiant shall petition the clerk of superior court for the appointment of apersonal representative to conclude the administration of the decedent's estatepursuant to G.S. 28A‑25‑5. (1973, c. 1329, s. 3; 1983,c. 711, s. 1; 1985, c. 651, s. 4; 1987, c. 670, s. 3; 1989, c. 407, s. 3.)