North Carolina § 28A-22-9 - Distribution to known but unlocated devisees or heirs.

§ 28A-22-9. Distribution to known but unlocated devisees or heirs.

If there are known but unlocated devisees or heirs of property held by the personal representative, the personal representative may deliver the share of such devisee or heir to the clerk of superior court immediately prior to filing of the final account. If the devisee or heir is located after the final account has been filed, the devisee or heir may present a claim for the share to the clerk. If the clerk determines that the claimant is entitled to the share, the clerk shall deliver the share to the devisee or claimant. If the clerk denies the claim, the claimant may take an appeal as in a special proceeding. The clerk shall hold the share without liability for profit or interest. If no claim has been presented within a period of one year after the filing of the final account, the clerk shall deliver the share to the State Treasurer as abandoned property. The clerk shall not be required to publish any notice to such devisee or heir and shall not be required to report such share to the State Treasurer. If the devisee or heir is located, the clerk shall inform the devisee or heir that the devisee or heir is entitled to file a claim with the State Treasurer for the share under the provisions of G.S. 116B-67. History (1979, 2nd Sess., c. 1311, s. 2; 2002-62, s. 1; 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 subsection (a), substituted "the devisee or heir" for "he" in the second sentence, and substituted "the clerk shall deliver" for "he shall deliver" in the third sentence; an substituted "the devisee or heir is entitled" for "he is entitled" in subsection (c). Legal Periodicals. - For survey of 1980 property law, see 59 N.C.L. Rev. 1209 (1981).