NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 576

SENATE BILL 184

 

 

AN ACT TO AMEND G.S. 28-68.2 RELATING TO DISBURSEMENT BY THE CLERK OF SUPERIOR COURT OF FUNDS OWED TO AN INTESTATE, AND TO REPEAL G.S. 28-68.4.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 28-68.2, as the same appears in the 1963 Cumulative Supplement to the General Statutes, is hereby amended by rewriting the Section to read as follows:

"§ 28-68.2.  Disbursement by Clerk. (a) If no administrator has been appointed, the Clerk of the Superior Court shall disburse the money received pursuant to G.S. 28-68 for the following purposes and in the following order:

(1)        To pay the surviving spouse's year's allowance and children's year's allowance assigned in accordance with law;

(2)        To pay any lawful claims for funeral expenses of the deceased, not to exceed six hundred dollars ($600.00) as a preferred claim, or to reimburse any person for the payment thereof;

(3)        To pay any lawful claims for hospital, medical and doctor's bills for the last illness of the deceased, such period of last illness not to exceed twelve months, or to reimburse any person for the payment thereof.

"(b)      After the death of a spouse who died intestate and after disbursements have been made in accordance with subsection (a) of this Section, the balance in his hands belonging to the estate of the intestate shall be paid to the surviving spouse, and if there is no surviving spouse, he shall pay same to the heirs or distributees in proportion to their respective interests.

"(c)       The Clerk of the Superior Court shall not be required to publish notice to creditors."

Sec. 2.  G.S. 28-68.4, as the same appears in the 1963 Cumulative Supplement to the General Statutes, is hereby repealed.

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 18th day of May, 1965.