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N.C. Gen. Stat. § 28A-17-12

Sale, lease or mortgage of real property by heirs or devisees

Applied in 1 court decision — leading case 205 N.C. App. 285 - State of North Carolina Department of Health & Human Services v. Thompkins (2010)

Most recently applied in 205 N.C. App. 285 - State of North Carolina Department of Health & Human Services v. Thompkins (July 2010)

1973, c. 1329, s. 3; 1979, 2nd Sess., c. 1246, s. 1.

(a) If the first publication or posting of the general notice to creditors as provided for in G.S. 28A-14-1 occurs within two years after the death of the decedent:

(1) All sales, leases or mortgages of real property by heirs or devisees of any resident or nonresident decedent made after the death of the decedent and before the first publication or posting of the general notice to creditors are void as to creditors and personal representatives; and

(2) All sales, leases or mortgages of real property by heirs or devisees of any resident or nonresident decedent made after such first publication or posting and before approval of the final account shall be void as to creditors and personal representatives unless the personal representative joins in the sale, lease or mortgage.

(b) If the first publication or posting of the general notice to creditors as provided for in G.S. 28A-14-1 does not occur within two years after the death of the decedent, all sales, leases or mortgages of real property by heirs or devisees of any resident or nonresident decedent shall be valid as to creditors and personal representatives of the decedent.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.