§ 28A-28-5. Effect of payment. - North Carolina Statutes

§28A‑28‑5.  Effect of payment.

The person paying, delivering,transferring, or issuing property or the evidence thereof pursuant to the orderdescribed in G.S. 28A‑28‑3 is discharged and released to the sameextent as if the person dealt with a duly qualified personal representative ofthe decedent. The person is not required to see to the application of theproperty or evidence thereof or to inquire into the truth of any statement inthe petition or order.

If any person to whom theorder is presented refuses to pay, deliver, transfer, or issue any property orevidence thereof, the property may be recovered or its payment, delivery,transfer, or issuance may be compelled in an action brought for that purpose bythe surviving spouse. The court costs and attorney's fee incident to the actionshall be taxed against the person whose refusal to comply with the provisionsof G.S. 28A‑28‑4 made the action necessary. (1995,c. 294, s. 1.)