North Carolina § 30-28 - Nature of proceeding; parties.

§ 30-28. Nature of proceeding; parties.

The application shall be by petition in a special proceeding before the clerk of superior court. The personal representative of the deceased, if there is one other than the petitioner, all known creditors, and all known heirs of the deceased, if the deceased is intestate, and devisees of the deceased, if the deceased is testate, shall be made parties to the special proceeding. If the personal representative of the deceased is aware of a creditor, heir, or devisee who should have been made a respondent but was not, then the personal representative shall file a motion to add the creditor, heir, or devisee as a necessary party, and the court shall order such other party to appear in the proceeding. devisee History (1868-9, c. 93, s. 21; Code, s. 2129; Rev., s. 3105; C.S., s. 4122; 2011-284, s. 24; 2011-344, s. 7.) Editor's Note. - This section was amended by Session Laws 2011-284, s. 24, and Session Laws 2011-344, s. 7, in the coded bill drafting format provided by G.S. 120-20.1. The word "devisee," as added by Session Laws 2011-284, was not struck through by Session Laws 2011-344. The section has been set out in the form above at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2011-284, s. 24, effective June 24, 2011, substituted "devisee" for "legatee." Session Laws 2011-344, s. 7, effective January 1, 2012, and applicable to estates of decedents dying on or after that date, rewrote the section to the extent that a detailed comparison is impracticable.