§ 28A-28-4. Effect of order.

244 words·~1 min read·/nc/chapter-28a/28a-28-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The presentation of a certified copy of the order described in G.S. 28A-28-3 shall be sufficient to require the transfer to the spouse of any property or contract right owned by the decedent at the time of death, including but not limited to:

(i)wages and salary;

(ii)the title and license to a motor vehicle registered in the name of the decedent owner;

(iii)the ownership rights of a savings account, checking account, or certificate of deposit in a bank in the name of the decedent owner;

(iv)the ownership rights of a savings account, share certificate, or certificate of deposit in a credit union, building and loan association, or savings and loan association in the name of the decedent owner; and

(v)the ownership rights in any stock or security registered on the books of a corporation in the name of the decedent owner.

(b)After the entry of the order described in G.S. 28A-28-3, the spouse may convey, lease, sell, or mortgage any real property devised to or inherited by the spouse from the decedent, at public or private sale, upon such terms as the spouse may determine. This section shall not limit any other powers the spouse may have over property devised to or inherited by the spouse from the decedent. The provisions of G.S. 28A-17-12 are not applicable to a conveyance, sale, lease, or mortgage under this subsection. (1995, c. 294, s. 1.)