§ 28A-27-7. Fiduciary's rights and duties. - North Carolina Statutes

§28A‑27‑7.  Fiduciary's rights and duties.

(a)        The personalrepresentative may withhold from any property of the decedent in hispossession, distributable to any person interested in the estate, the amount ofthe tax apportioned to his interest. If the property in possession of thepersonal representative and distributable to any person interested in theestate tax is insufficient to satisfy the proportionate amount of the taxdetermined to be due from the person, the personal representative may recover thedeficiency from the person interested in the estate. If the property is not inthe possession of the personal representative he may recover from any personinterested in the estate the amount of the tax apportioned to the person inaccordance with this Article.

(b)        If property held bythe fiduciary or other person is distributed prior to final apportionment ofthe tax, the personal representative may require the distributee to provide abond or other security for the apportionment liability in the form and amountprescribed by the fiduciary, with the approval of the clerk of superior courthaving jurisdiction of the administration of the estate. (1985(Reg. Sess., 1986), c. 878, s. 1.)