NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 509

HOUSE BILL 539

 

 

AN ACT TO PROVIDE THAT A CLAIM AGAINST A DECEDENT'S ESTATE IS NOT AUTOMATICALLY BARRED IF NOT PRESENTED WITHIN SIX MONTHS, TO THE EXTENT THAT SUCH CLAIM IS PROTECTED BY INSURANCE AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 28A-19-3 is hereby amended by adding a new subsection thereto to read as follows:

"(i)        Nothing in this section shall bar:

(1)        any claim alleging the liability of the decedent or personal representative; or

(2)        any proceeding or action to establish the liability of the decedent or personal representative; or

(3)        the recovery on any judgment against the decedent or personal representative

to the extent that the decedent or personal representative is protected by insurance coverage with respect to such claim, proceeding or judgment."

Sec. 2.  G.S. 28A-14-3 is hereby rewritten to read as follows:

"§ 28A-14-3.  Personal notice to creditors. — The personal representative or collector may cause the notice to be personally served on any creditor."

Sec. 3.  This act shall become effective September 1, 1979, and shall apply to the administration of estates of decedents dying on or after the effective date.

In the General Assembly read three times and ratified, this the 3rd day of May, 1979.