§ 28A-29-2. Petition.

309 words·~1 min read·/nc/chapter-28a/28a-29-2

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

(a)The application for appointment as limited personal representative shall be in the form of an affidavit sworn to before an officer authorized to administer oaths, signed by the applicant or the applicant's attorney, which may be supported by other proof under oath in writing, all of which shall be recorded and filed by the clerk of superior court, and shall allege all of the following facts:

(1)The name and domicile of the decedent at the time of death.

(2)The date and place of death of the decedent.

(3)That, so far as is known or can with reasonable diligence be ascertained,

(i)the decedent left no personal property subject to probate and no real property devised to the personal representative;

(ii)the decedent's estate is being administered by collection by affidavit pursuant to Article 25 of this Chapter;

(iii)the decedent's estate is being administered under the summary administration provisions of Article 28 of this Chapter;

(iv)the decedent's estate consists solely of a motor vehicle that can be transferred by the procedure authorized by G.S. 20-77(b); or

(v)the decedent left assets that may be treated as assets of an estate for limited purposes as described in G.S. 28A-15-10.

(4)That no application or petition for appointment of a personal representative is pending or has been granted in this State.

(b)If it appears to the clerk of superior court that the application and supporting evidence comply with the requirements of subsection

(a)of this section and on the basis thereof the clerk finds that the applicant is entitled to appointment, the clerk shall issue letters of limited administration.

(c)The petition shall be filed by the clerk upon payment of the fee provided in G.S. 7A-307(a) and shall be indexed in the index to estates. (2009-444, s. 1; 2013-91, s. 1(c).)