N.C. Gen. Stat. § 28A-6-2
Letters issued without notice; exceptions
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
Letters of administration or letters testamentary may be issued without notice, including upon a finding of implied renunciation under G.S. 28A-5-1(b) or G.S. 28A-5-2(b), except:
Letters of administration or letters testamentary may be issued without notice, including upon a finding of implied renunciation under G.S. 28A-5-1(b) or G.S. 28A-5-2(b), except:
(1) When the applicant is not entitled to priority of appointment under G.S. 28A-4-1, all persons entitled to an equal or higher preference shall be given 15 days prior to written notice of that application, unless they have renounced in accordance with the provisions of Article 5 of this Chapter.
(1) When the applicant is not entitled to priority of appointment under G.S. 28A-4-1, all persons entitled to an equal or higher preference shall be given 15 days prior to written notice of that application, unless they have renounced in accordance with the provisions of Article 5 of this Chapter.
(2) The clerk of superior court may in any case require that prior written notice be given to such interested persons as the clerk, in the clerk's discretion, may designate prior to the granting of letters.
(2) The clerk of superior court may in any case require that prior written notice be given to such interested persons as the clerk, in the clerk’s discretion, may designate prior to the granting of letters.
History
(1973, c. 1329, s. 3; 2011-344, s. 4.)
Effect of Amendments. - Session Laws 2011-344, s. 4, effective January 1, 2012, and applicable to estates of decedents dying on or after that date, in the introductory language, inserted "including upon a finding of implied renunciation under G.S. 28A-5-1(b) or G.S. 28A-5-2(b) "; in subdivision (1), substituted "shall be given 15 days prior to written notice of that application" for "shall be given notice by citation as provided in G.S. 28A-5-2(b) (1)"; and in subdivision (2), inserted "prior written" and substituted "the clerk, in the clerk's discretion" for "he, in his discretion."
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.