§ 28A-25-1. Collection of property by affidavit when decedent dies intestate.
Article 25.
Small Estates.
§ 28A‑25‑1. Collection of property by affidavit when decedent dies intestate.
(a) When a decedentdies intestate leaving personal property, less liens and encumbrances thereon,not exceeding twenty thousand dollars ($20,000) in value, at any time after 30days from the date of death, any person indebted to the decedent or havingpossession of tangible personal property or an instrument evidencing a debt,obligation, stock or chose in action belonging to the decedent shall make paymentof the indebtedness or deliver the tangible personal property or an instrumentevidencing a debt, obligation, stock or chose in action to a person claiming tobe the public administrator appointed pursuant to G.S. 28A‑12‑1, oran heir or creditor of the decedent, not disqualified under G.S. 28A‑4‑2,upon being presented a certified copy of an affidavit filed in accordance withsubsection (b) and made by or on behalf of the heir or creditor or the publicadministrator stating:
(1) The name and addressof the affiant and the fact that he or she is the public administrator or anheir or creditor of the decedent;
(2) The name of thedecedent and his residence at time of death;
(3) The date and placeof death of the decedent;
(4) That 30 days haveelapsed since the death of the decedent;
(5) That the value ofall the personal property owned by the estate of the decedent, less liens andencumbrances thereon, does not exceed twenty thousand dollars ($20,000);
(6) That no applicationor petition for appointment of a personal representative is pending or has beengranted in any jurisdiction;
(7) The names andaddresses of those persons who are entitled, under the provisions of theIntestate Succession Act, to the personal property of the decedent and theirrelationship, if any, to the decedent; and
(8) A descriptionsufficient to identify each tract of real property owned by the decedent at thetime of his death.
In those cases in which theaffiant is the surviving spouse and sole heir of the decedent, not disqualifiedunder G.S. 28A‑4‑2, the property described in this subsection thatmay be collected pursuant to this section may exceed twenty thousand dollars($20,000) in value but shall not exceed thirty thousand dollars ($30,000) invalue. In such cases, the affidavit shall state: (i) the name and address ofthe affiant and the fact that he or she is the surviving spouse and isentitled, under the provisions of the Intestate Succession Act, to all of theproperty of the decedent; (ii) that the value of all of the personal propertyowned by the estate of the decedent, less liens and encumbrances thereon, doesnot exceed thirty thousand dollars ($30,000); and (iii) the informationrequired under subdivisions (2), (3), (4), (6), and (8) of this subsection.
(b) Prior to therecovery of any assets of the decedent, a copy of the affidavit described insubsection (a) shall be filed in the office of the clerk of superior court ofthe county where the decedent had his domicile at the time of his death. Theaffidavit shall be filed by the clerk upon payment of the fee provided in G.S.7A‑307, shall be indexed in the index to estates, and a copy thereofshall be mailed by the clerk to the persons shown in the affidavit as entitledto the personal property.
(c) The presentation ofan affidavit as provided in subsection (a) shall be sufficient to require thetransfer to the affiant or his designee of the title and license to a motorvehicle registered in the name of the decedent owner; the ownership rights of asavings account or checking account in a bank in the name of the decedentowner; the ownership rights of a savings account or share certificate in acredit union, building and loan association, or savings and loan association inthe name of the decedent owner; the ownership rights in any stock or securityregistered on the books of a corporation in the name of a decedent owner; orany other property or contract right owned by decedent at the time of hisdeath. (1973,c. 1329, s. 3; 1975, c. 300, s. 9; 1983, c. 65, s. 1; c. 713, s. 21; 1985, c.651, s. 1; 1989, c. 407, s. 1; 1995, c. 262, s. 1; 2009‑175, s. 1.)