As used in this Chapter, unless the context otherwise requires, the term:

(1)        “Collector” means any person authorized to take possession, custody, or control of the personal property of the decedent for the purpose of executing the duties outlined in N.C. Gen. Stat. § 28A-11-3.

(1a)      “Devisee” means any person entitled to take real or personal property under the provisions of a valid, probated will.

(1b)      “Estate proceeding” means a matter initiated by petition related to the administration, distribution, or settlement of an estate, other than a special proceeding. There may be more than one estate proceeding within the administration of a decedent’s estate.

(2)        “Foreign personal representative” means a personal representative appointed in another jurisdiction, including a personal representative appointed in another country.

(3)        “Heir” means any person entitled to take real or personal property upon intestacy under the provisions of Chapter 29 of the N.C. Gen. Stat..

(4)        “Mortgage” includes a deed of trust.

(4a)      “Party,” in the context of a contested or uncontested estate proceeding pursuant to N.C. Gen. Stat. § 28A-2-6, means a party joined as a petitioner or respondent.

(4b)      “Person” means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.

(5)        “Personal representative” includes both an executor and an administrator, but does not include a collector.

(6)        Repealed by Session Laws 2011-344, s. 4, effective January 1, 2012, and applicable to estates of decedents dying on or after that date. ?(1973, c. 1329, s. 3; 1981, c. 955, c. 4; 2011-344, s. 4.)

Terms Used In North Carolina General Statutes 28A-1-1

  • Collector: means any person authorized to take possession, custody, or control of the personal property of the decedent for the purpose of executing the duties outlined in N. See North Carolina General Statutes 28A-1-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Estate proceeding: means a matter initiated by petition related to the administration, distribution, or settlement of an estate, other than a special proceeding. See North Carolina General Statutes 28A-1-1
  • Executor: A male person named in a will to carry out the decedent
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. See North Carolina General Statutes 28A-1-1
  • personal property: shall include moneys, goods, chattels, choses in action and evidences of debt, including all things capable of ownership, not descendable to heirs at law. See North Carolina General Statutes 12-3
  • Personal property: All property that is not real property.
  • Personal representative: includes both an executor and an administrator, but does not include a collector. See North Carolina General Statutes 28A-1-1
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.