§ 28A-28-7. Right to petition for appointment of personal representative; discharge of spouse's liability. - North Carolina Statutes

§ 28A‑28‑7.  Rightto petition for appointment of personal representative; discharge of spouse'sliability.

(a)        Nothing in thisArticle shall preclude any person qualified to serve as personal representativepursuant to G.S. 28A‑4‑1, including the surviving spouse, frompetitioning the clerk of superior court for the appointment of a personalrepresentative or collector to administer the decedent's estate. If a personalrepresentative or collector is appointed, the spouse shall render a properaccounting to the personal representative or collector and file a copy of theaccounting with the clerk. The spouse shall deliver assets of the decedent'sestate, cash, or other property and shall be discharged of liability inaccordance with the provisions of subsection (b) of this section.

(b)        In the event that apersonal representative or collector is appointed, the spouse shall bedischarged of liability for the debts of the decedent as follows:

(1)        If the spousedelivers to the personal representative or collector all of the propertyreceived by the spouse in the identical form that it was received by thespouse, then the spouse will be discharged of all liability.

(2)        If the spouse doesnot deliver to the personal representative or collector all of the property in theidentical form that it was received by the spouse, then the spouse shall bedischarged of liability as follows:

a.         For propertydelivered to the personal representative or collector that is in the identicalform that it was received by the spouse, the spouse is discharged to the extentof the fair market value of the property at the time of the decedent's death orthe fair market value at the time the property was received by the personalrepresentative or collector, whichever is greater.

b.         For propertydelivered to the personal representative or collector that is not in theidentical form that it was received by the spouse, the spouse is discharged tothe extent of the fair market value of such property at the time it wasdelivered to the personal representative or collector. (1995,c. 294, s. 1.)