All actions and proceedings brought by or against personal representatives or collectors upon any cause of action or right to which the estate of the decedent is the real party in interest, must be brought by or against them in their representative capacity.
N.C. Gen. Stat. § 28A-18-3
To sue or defend in representative capacity
Applied in 4 court decisions — leading case 263 N.C. App. 393 - Watson v. Joyner-Watson (2018)
Most recently applied in 263 N.C. App. 393 - Watson v. Joyner-Watson (December 2018)
1868-9, c. 113, s. 79; Code, s. 1507; Rev., s. 160; C.S., s. 164; 1973, c. 1329, s. 3.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.