GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION

CHAPTER 282
SENATE BILL 399

AN ACT TO REDUCE FROM SIX TO THREE MONTHS THE TIME FOR PRESENTATION OF CLAIMS AGAINST A DECEDENT'S ESTATE AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 28A-14-1(a) reads as rewritten:
"§ 28A-14-1.  Notice for claims.
(a)	Every personal representative and collector after the granting of letters shall notify all persons, firms and corporations having claims against the decedent to present the same to such personal representative or collector, on or before a day to be named in such notice, which day must be at least three months from the day of the first publication or posting of such notice.  The notice shall set out a mailing address for the personal representative or collector.  The notice shall be published once a week for four consecutive weeks in a newspaper qualified to publish legal advertisements, if any such newspaper is published in the county.  If there is no newspaper published in the county, but there is a newspaper having general circulation in the county, then at the option of the personal representative, or collector, the notice shall be published once a week for four consecutive weeks in the newspaper having general circulation in the county and posted at the courthouse or the notice shall be posted at the courthouse and four other public places in the county.  Personal representatives are not required to publish or mail notice to creditors if the only asset of the estate consists of a claim for damages arising from death by wrongful act.  When any collector or personal representative of an estate has published or mailed the notice provided for by this section, no further publication or mailing shall be required by any other collector or personal representative."
Sec. 2.  This act is effective upon ratification and applies to the administration of the estates of decedents dying on or after January 1, 1992.
In the General Assembly read three times and ratified this the 13th day of June, 1991.

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James C. Gardner
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives