GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION

CHAPTER 485
SENATE BILL 774

AN ACT TO ESTABLISH THE USE OF FISCAL YEARS FOR PROBATE ACCOUNTING PURPOSES.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 28A-21-1 reads as rewritten:
"§ 28A-21-1. Annual accounts.
Until the final account has been filed pursuant to G.S. 28A-21-2, the personal representative or collector shall, for so long as any of the property of the estate remains in his control, custody or possession, file annually in the office of the clerk of superior court an inventory and account, under oath, of the amount of  property received by him, or invested by him, and the manner and nature of such investment, and his receipts and disbursements for the past year. Such accounts shall be due by the fifteenth day of the fourth month after the close of the fiscal year selected by the personal representative or collector, and annually thereafter.  The election of a fiscal year shall be made by the personal representative or collector upon filing of the first annual account.  In no event may a personal representative or collector select a fiscal year-end which is more than twelve months from the date of death of the decedent or, in the case of trust administration, the date of the opening of the trust. Any fiscal year selected may not be changed without the permission of the clerk of superior court.
The personal representative or collector shall produce vouchers for all payments or verified proof for payments in lieu of vouchers. The clerk of superior court may examine, under oath, such accounting party, or any other person, concerning the receipts, disbursements or any other matter relating to the estate. He must carefully review and audit such account and, if he approves the account, he must endorse his approval thereon, which shall be prima facie evidence of correctness, and cause the same to be recorded."
Sec. 2.  This act becomes effective October 1, 1991.
In the General Assembly read three times and ratified this the 2nd day of July, 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