GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 528

Short Title:  Real Prop. Devolution Statement.	(Public)
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Sponsors: Senator Ezzell.
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Referred to:  Judiciary I.
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March 20, 1989

A BILL TO BE ENTITLED
AN ACT TO REQUIRE A STATEMENT LISTING THE DEVISEES OR HEIRS OF REAL PROPERTY AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
The General Assembly of North Carolina enacts:
Section 1.  Article 13 of Chapter 28A of the General Statutes is hereby amended by adding a new section thereto to read as follows:
"§ 28A-13-11.  Decedents' estates involving passage of title to real property; duties of personal representative.
(a)	The personal representative of a decedent who died owning an interest in real property located in North Carolina shall file with the register of deeds in each county in which the real property is located a written statement showing the name of the decedent as grantor and the name of each devisee, heir or other beneficiary as grantee.  Where the decedent owned real property located in more than one county in North Carolina, a separate statement shall be filed in each county for the real property in that county.  The statement shall be filed as soon as the devisee, heir or other beneficiary is, in the judgment of the personal representative, definite and certain, but in no event later than the filing of the final account.  In accordance with the provisions of Chapter 161, the register of deeds shall register and index the statement in the appropriate grantor and grantee indexes and charge the recording and indexing fees provided for by law.  A copy of the statement evidencing the date the original was filed shall be filed by the personal representative with the clerk of superior court who issued his letters of administration or letters testamentary.  The clerk of superior court shall then place the copy in the estate file of the decedent.
(b)	The following form may be used to comply with the provisions of subsection (a):
‘State of North Carolina
County of                       	Estate File Number

STATEMENT OF PASSAGE OF TITLE TO
REALTY FROM DECEASED OWNER

ESTATE CLASSIFICATION (check one only):
[] testate	[] intestate

DECEASED OWNER - GRANTOR
TO
Devisee(s) Under Will or Heir(s)
At Law
Name and Address	Percentage, Interest or
Estate

Description of Real Estate
(include deceased owner-grantor's
source of title)

Filed by
As 	 of the subject
estate.
Date:	,19	 ___'
(c)	This section shall not apply to real property passing by right of survivorship.
(d)	The purpose of the statement provided for by this section is to facilitate the examination of real property records and the presence or absence of the statement shall have no effect on the marketability of title."
Sec. 2.  Article 2 of Chapter 28A is hereby amended by adding a new section thereto to read as follows:
"§ 28A-2-4.  Clerk to require G.S. 28A-13-11 statement showing devisee or heir of real property.
Whenever the estate of a decedent who died owning an interest in real property located in North Carolina is administered in North Carolina, the clerk who appointed the personal representative shall not discharge the personal representative until he has complied with the provisions of G.S. 28A-13-11 for all interests in real property listed in the estate inventory."
Sec. 3.  This act shall become effective January 1, 1990, and shall apply to the estates of decedents dying on or after that date.