NORTH CAROLINA GENERAL ASSEMBLY
1975 SESSION

CHAPTER 300
SENATE BILL 179

AN ACT TO MAKE VARIOUS TECHNICAL AMENDMENTS TO G.S. CHAPTER 28A "ADMINISTRATION OF DECEDENTS' ESTATES" (CHAPTER 1329, SESSION LAWS 1973) THAT BECOMES EFFECTIVE OCTOBER 1, 1975.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 28A-2-3 is amended by deleting the opening words "Whenever the Clerk of Superior Court" and inserting in lieu thereof "Whenever the Clerk of Superior Court is a subscribing witness to a will offered for probate in his county or".
Sec. 2.  G.S. 28A-6-4 is amended by deleting the opening word "Any", and inserting in lieu thereof "Prior to the issuance of letters, any".
Sec. 3.  G.S. 28A-8-1(b) is amended by renumbering subsections (2), (3), and (4) as subsections (3), (4), and (5), respectively, and inserting a new subsection (2), to read as follows: "(2)	A nonresident executor (or a resident executor who moves from this State subsequent to his appointment) who has appointed a resident agent to accept service of process as provided in G.S. 28A-4-2(a), when the express terms of the will excuse him from giving bond." In addition, subsection (5) of G.S. 28A-8-1, as renumbered in this section, is amended to read as follows: "(5) A personal representative that is a national banking association having its principal place of business in this State or a State bank acting pursuant to G.S. 53-159."
Sec. 4.  G.S. 28A-13-10(a) is amended by rewriting the last sentence thereof to read as follows: "Except for commissions allowable by law, he shall not be entitled to any profits caused by an increase in values, nor be chargeable with loss by a decrease in value or destruction without his fault, of any part of the estate."
Sec. 5.  G.S. 28A-15-1(c) is amended by deleting the period at the end of the subsection, and inserting in lieu thereof: ", except that no such proceeding shall be required for a sale made pursuant to authority given by will."
Sec. 6.  G.S. 28A-16-1(a) is rewritten to read as follows: "(a) A personal representative has the power to sell, at either a public or private sale, or to lease, personal property of the decedent without a court order."
Sec. 7.  G.S. 28A-17-4 is amended by deleting "heirs or devisees" in lines 2, 5 and 7 and inserting in lieu thereof in each instance "heirs and devisees".
Sec. 8.  G.S. 28A-20-1 is amended by deleting the last sentence thereof.
Sec. 9.  G.S. 28A-25-1(b) is amended, in line 6, by inserting after the word "mailed" the words "by the clerk".
Sec. 10.  G.S. 28A-25-5 is amended by adding at the end thereof the following: "A copy of the accounting shall also be filed with the clerk having jurisdiction over the personal representative or collector."
Sec. 11.  G.S. 28A-26-2(c) is rewritten to read as follows: "(c) Payment or delivery under this section shall not be made if a resident creditor of the nonresident decedent has, by registered or certified mail, notified the resident debtor of the nonresident decedent or the resident having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary personal representative of the nonresident decedent. If no ancillary administrator qualifies within 90 days from the date of the notice, however, the resident debtor may pay the debt or deliver the property directly to the nonresident domiciliary personal representative as set forth in subsection (a) of this section."
Sec. 12.  The amendments set forth in Sections 1 through 11 of this act are amendments to Chapter 28A as it is set forth in the 1974 Cumulative Supplement to Volume 2A of the General Statutes.
Sec. 13.  G.S. 31-12 is amended by deleting the last sentence thereof.
Sec. 14.  This act shall become effective October 1, 1975.
In the General Assembly read three times and ratified, this the 15th day of May, 1975.