GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 11
The General Assembly of North Carolina enacts:
Section 1. G.S. 30-19 reads as rewritten:
"§ 30-19. Value of property ascertained.
The value of the personal property assigned to the surviving
spouse and children shall be ascertained by a magistrate and two persons
qualified to act as jurors of the county in which administration was
granted or the will probated."
Sec. 2. G.S. 30-20 reads as rewritten:
"§ 30-20. Procedure for assignment.
Upon the application of the surviving spouse, or whenever
it shall appear that a child is entitled to an allowance as provided by G.S.
30-17, the personal representative of the deceased shall apply to a
child by his guardian or next friend, or the personal representative of the
deceased, the clerk of superior court of the county in which the deceased
resided to shall assign the inquiry to a magistrate of the
county. The magistrate shall summon two persons qualified to act as jurors,
who, having been sworn by the magistrate to act impartially as commissioners shall,
with him, ascertain the person or persons entitled to an allowance
according to the provisions of this Article, and determine the money or other
personal property of the estate, and pay over to or assign to the surviving
spouse and to the children, if any, so much thereof as they shall be entitled
to as provided in this Article. Any deficiencies shall be made up from any of
the personal property of the deceased, and if the personal property of the
estate shall be insufficient to satisfy such allowance, the clerk of the
superior court shall enter judgment against the personal representative for the
amount of such deficiency, to be paid when a sufficiency of such assets shall
come into his hands."
Sec. 3. G.S. 30-21 reads as rewritten:
"§ 30-21.
Report of commissioners magistrate.
The commissioners magistrate shall make and
sign three lists of the money or other personal property assigned to each
person, stating their quantity and value, and the deficiency to be paid by the
personal representative. Where the allowance is to the surviving spouse, one of
these lists shall be delivered to him. Where the allowance is to a child, one
of these lists shall be delivered to the surviving parent with whom the child
is living; or to the child's guardian or next friend if the child is not living
with said surviving parent; or to the child if said child is not living with
the surviving parent and has no guardian or next friend. One list shall be
delivered to the personal representative. One list shall be returned by the
magistrate, within 20 days after the assignment, to the superior court of the
county in which administration was granted or the will probated, and the clerk
shall file and record the same, together with any judgment entered pursuant to
G.S. 30-20."
Sec. 4. G.S. 30-23 reads as rewritten:
"§ 30-23. Right of appeal.
The personal representative, or the surviving spouse, or
child by his guardian or next friend, or any creditor, legatee or heir of the
deceased, may appeal from the finding of the commissioners magistrate
to the superior court of the county, and, within 10 days after the
assignment, cite the adverse party to appear before such court on a certain
day, not less than five nor exceeding 10 days after the service of the
citation."
Sec. 5. G.S. 30-24 reads as rewritten:
"§ 30-24. Hearing on appeal.
At or before the day named, the appellant shall file with the
clerk a copy of the assignment and a statement of his exceptions thereto, and
the issues thereby raised shall be decided as other issues are directed to be.
When the issues shall have been decided, judgment shall be entered
accordingly, if it may be without injustice, without remitting the proceedings
to the commissioners magistrate."
Sec. 6. This act shall become effective October 1, 1989, and shall apply to applications for the assignment of a year's allowance made on or after that date.
In the General Assembly read three times and ratified this the 9th day of March, 1989.