§ 28A-6-1. Application for letters; grant of letters. - North Carolina Statutes

Article6.

Appointment of PersonalRepresentative.

§ 28A‑6‑1. Application for letters; grant of letters.

(a)        The application forletters of administration or letters testamentary shall be in the form of anaffidavit sworn to before an officer authorized to administer oaths, signed bythe applicant or his attorney, which may be supported by other proof under oathin writing, all of which shall be recorded and filed by the clerk of superiorcourt, and shall allege the following facts:

(1)        The name, and to theextent known, the domicile and the date and place of death of the decedent;

(2)        The legal residenceand mailing address of the applicant;

(3)        The names, ages andmailing addresses of the decedent's heirs and devisees, including the names andmailing addresses of the guardians of those having court‑appointedguardians, so far as all of these facts are known or can with reasonablediligence be ascertained;

(4)        That the applicantis the person entitled to apply for letters, or that he applies after personshaving prior right to apply are shown to have renounced under Article 5 ofthis  Chapter, or that he applies subject to the provisions of G.S. 28A‑6‑2(1),and that he is not disqualified under G.S. 28A‑4‑2.

(5)        The nature andprobable value of the decedent's property, both real and personal, and thelocation of such property, so far as all of these facts are known or can withreasonable diligence be ascertained; and

(6)        If the decedent wasnot domiciled in this State at the time of his death, a schedule of hisproperty located in this State, and the name and mailing address of hisdomiciliary personal representative, or if there is none, whether a proceedingto appoint one is pending.

(b)        If it appears tothe clerk of superior court that the application and supporting evidence complywith the requirements of subsection (a) and on the basis thereof he finds thatthe applicant is entitled to appointment, he shall issue letters ofadministration or letters testamentary to the applicant unless in his discretionhe determines that the best interests of the estate would be served by delayingthe appointment of a personal representative, in which case he may appoint acollector as provided in Article 11. (C.C.P., s. 461; Code, s.1381; Rev., s. 26; C.S., s. 28; 1973, c. 1329, s. 3.)