§ 30-20. Procedure for assignment. - North Carolina Statutes

§30‑20.  Procedure for assignment.

Upon the application of thesurviving spouse, a child by his guardian or next friend, or the personalrepresentative of the deceased, the clerk of superior court of the county inwhich the deceased resided may assign the inquiry to a magistrate of thecounty. The clerk of court, or magistrate upon assignment, shall ascertain theperson or persons entitled to an allowance according to the provisions of thisArticle, and determine the money or other personal property of the estate, andpay over to or assign to the surviving spouse and to the children, if any, somuch thereof as they shall be entitled to as provided in this Article. Anydeficiencies shall be made up from any of the personal property of thedeceased, and if the personal property of the estate shall be insufficient tosatisfy such allowance, the clerk of the superior court shall enter judgmentagainst the personal representative for the amount of such deficiency, to bepaid when a sufficiency of such assets shall come into his hands. (1870‑1,c. 263; Code, s. 2122; 1891, c. 13; 1899, c. 531; Rev., s. 3098; C.S., s. 4115;1961, c. 749, s. 6; 1971, c. 528, s. 23; 1989, c. 11, s. 2; 1997‑310, s.3.)