§ 28A-26-3. Ancillary administration. - North Carolina Statutes

§28A‑26‑3.  Ancillary administration.

(a)        Any domiciliarypersonal representative of a nonresident decedent upon the filing of acertified or exemplified copy of letters of appointment with the clerk ofsuperior court who has venue under G.S. 28A‑3‑1 may be grantedancillary letters in this State notwithstanding that the domiciliary personalrepresentative is a nonresident of this State or is a foreign corporation. Ifthe domiciliary personal representative is a foreign corporation, it need  notqualify under any other law of this State to authorize it to act as ancillarypersonal representative in the particular estate. If application is made forthe issuance of ancillary letters to the domiciliary personal representative,the clerk of superior court shall give preference in appointment to thedomiciliary personal representative unless the decedent shall have otherwisedirected in a  will.

(b)        If, within 90 daysafter the death of the nonresident, or within 60 days after issue ofdomiciliary letters, should that be a shorter period, no application forancillary letters has been made by a domiciliary personal representative, anyperson who could apply for issue of letters had the decedent been a residentmay apply for issue of ancillary letters.

If it is known that there is aduly qualified domiciliary personal  representative, the clerk of superiorcourt shall send notice of such  application, by registered mail, to thatpersonal representative and to the appointing court. Such notice shall includea statement that, within 14 days after its mailing, the domiciliary personalrepresentative may apply for the issue of ancillary letters with the preferencespecified in subsection (a) of this section; and that his failure to do so willbe deemed a waiver, with the result that letters will be issued to another.Upon such failure, the clerk of superior court may issue ancillary letters inaccordance with the provisions of Article 4 of this Chapter.

If the applicant and the clerkof superior court have no knowledge  of the existence of a domiciliary personalrepresentative, the clerk of superior court may proceed to issue ancillaryletters. Subsequently, upon it becoming known that a domiciliary personalrepresentative has been appointed, whether such appointment occurred before orafter the issue of ancillary letters, the clerk of superior  court shall notifythe domiciliary personal representative, by registered mail, of the actiontaken by the clerk of superior court and the state of the ancillaryadministration. Such notice shall include a statement that at any time prior toapproval of the ancillary personal representative's final account thedomiciliary personal representative may appear in the proceedings for anypurpose he may deem advisable; and that he may apply to be substituted asancillary personal representative, but that such request will not be grantedunless the clerk of superior court finds that such action will be for the bestinterests of North Carolina administration of the estate. (1973,c. 1329, s. 3.)