North Carolina Statutes

Chapter 28A Administration of Decedents' Estates

§ 28A-19-12 Claims due representative not preferred

No property or assets of the decedent shall be retained by the personal representative or collector in satisfaction of his own claim, in preference to others of the same class. Prior to payment of his own claim the personal representative shall receive written approval of the clerk of superior court. If the clerk does not approve the claim the personal representative may refer the claim as a disputed claim under the provisions of G.S. 28A‑19‑15. The provisions of G.S. 28A‑19‑1 and G.S. 28A‑19‑3 shall not apply to such claims and the personal representative may present his own claim at any time prior to the filing of his final account. (1868‑9, c. 113, s. 28; Code, s. 1420; Rev., s. 89; C.S., s. 96; 1973, c. 1329, s. 3; 1979, c. 525, s. 4.)

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