§ 28A-22-3. Special proceeding against unknown heirs of decedent before distribution of estate.
§28A‑22‑3. Special proceeding against unknown heirs of decedentbefore distribution of estate.
If there may be heirs, born orunborn, of the decedent, other than those known to the personal representativeand whose names and residences are unknown, before distributing such estate thepersonal representative is authorized to institute a special proceeding beforethe clerk of superior court for the purpose of determining who are the heirs ofthe decedent. All unknown heirs of the decedent shall be made parties theretoand shall be served with summons by publication as provided by G.S. 1A‑1,Rule 4. Upon such service being had, the court shall appoint some discreetperson to act as guardian ad litem for said unknown heirs and summons shallissue as to such guardian ad litem. Said guardian ad litem shall file answer onbehalf of said unknown heirs and he may be paid for his services such sum asthe court may fix, to be paid as other costs out of the estate. Upon the filingof the answer by said guardian ad litem all such unknown heirs shall be beforethe court for the purposes of the proceeding to the same extent as if each hadbeen personally served with summons. Any judgment entered by the court in suchproceeding shall be as binding upon said unknown heirs as if they werepersonally before the court and any payment or distribution made by thepersonal representative under orders of the court shall have the effect offully discharging such personal representative and any sureties on his officialbond to the full extent of such payment or distribution as ordered. (1957,c. 1248; 1973, c. 1329, s. 3.)