§ 28A-29-2. Petition. - North Carolina Statutes

§ 28A‑29‑2. Petition.

(a)        The application forappointment as limited personal representative shall be in the form of anaffidavit sworn to before an officer authorized to administer oaths, signed bythe applicant or the applicant's attorney, which may be supported by otherproof under oath in writing, all of which shall be recorded and filed by theclerk of superior court, and shall allege all of the following facts:

(1)        The name anddomicile of the decedent at the time of death.

(2)        The date and placeof death of the decedent.

(3)        That, so far as isknown or can with reasonable diligence be ascertained, the decedent's propertyis not subject to probate.

(4)        That no applicationor petition for appointment of a personal representative is pending or has beengranted in this State.

(b)        If it appears tothe clerk of superior court that the application and supporting evidence complywith the requirements of subsection (a) of this section and on the basisthereof the clerk finds that the applicant is entitled to appointment, theclerk shall issue letters of limited administration.

(c)        The petition shallbe filed by the clerk upon payment of the fee provided in G.S. 7A‑307(a)and shall be indexed in the index to estates.  (2009‑444, s. 1.)