§ 28A-26-8. Duties of personal representative in an ancillary administration. - North Carolina Statutes

§28A‑26‑8.  Duties of personal representative in an ancillaryadministration.

(a)        All assets ofestates of nonresident decedents being administered in this State are subjectto all claims, allowances and charges existing or established against theestate of the decedent wherever existing or established.

(b)        An adjudication ofa claim rendered in any jurisdiction in favor of or against any personalrepresentative of the estate of a nonresident decedent is binding on theancillary personal representative in this State and on all parties to thelitigation.

(c)        Limitations onpresentation of claims shall be governed by the  provisions of this Chapterexcept that creditors residing in the domiciliary state barred by the statutesof that state may not file claims in an ancillary administration in this State.

(d)        In the payment ofclaims by the ancillary administrator, the following rules shall apply:

(1)        If the value of theentire estate, wherever administered, equals or exceeds family exemptions andallowances, prior charges and claims against the entire estate, the claimsallowed in this State shall be paid in full from assets in this State, if suchassets are sufficient for the purpose.

(2)        If such totalexemptions, allowances, charges and claims exceed the value of the entireestate, the claims allowed in  this State shall be paid their proper percentagepro rata by  class, if assets in this State are sufficient for the purpose.

(3)        If assets in thisState are inadequate for either of the purposes stated in subdivisions (1) or(2) above, the claims  allowed in this State shall be paid, pro rata by class,to the extent the local assets will permit.

(4)        If the value of theentire estate, wherever administered, is  insufficient to pay all exemptionsand allowances, prior charges and claims against the entire estate, thepriority for order of payment established by the law of the domicile willprevail. (1973, c. 1329, s. 3; 1975, c. 19, ss. 10, 11.)