North Carolina § 28A-13-6 - Exercise of powers of joint personal representatives by one or more than one.

§ 28A-13-6. Exercise of powers of joint personal representatives by one or more than one.

Repealed by Session Laws 2005-192, s. 5, effective January 1, 2006. If a will expressly makes provision for the execution of any of the powers of personal representatives by all of them or by any one or more of them, the provisions of the will govern. Repealed by Session Laws 2005-192, s. 5, effective January 1, 2006. If there is no governing provision in the will, personal representatives may, by written agreement signed by all of them and filed with and approved by the clerk of superior court of the county in which the personal representatives qualified, provide that any designated one or more of the personal representatives may exercise one or more of the following powers: Establish and maintain bank accounts for the estate and issue checks for the estate. Maintain inventories, accountings, and income and expense records of the estate. Enter any safety deposit box rented by the estate. Employ persons as advisors or assistants in the performance of administrative duties, including agents, attorneys, accountants, brokers, appraisers, and custodians. List estate property for taxes and prepare and file tax returns for the estate. Collect and give receipts for claims and debts of the estate. Pay debts, claims, costs of administration, and taxes of the estate. Compromise, adjust, or otherwise settle any claim by or against the estate and release, in whole or in part, a claim belonging to the estate. Have custody of the estate property. Perform any function relating to investment of estate assets. Subject to subsection (b) of this section, if two or more personal representatives own shares of corporate stock or other securities, their acts with respect to voting shall have the following effect: If only one votes, in person or by proxy, that personal representative's act binds all; If more than one vote, in person or by proxy, the act of the majority so voting binds all; If more that [than] one vote, in person or by proxy, but the vote is evenly split on any particular matter, each faction is entitled to vote the stock or other securities in question proportionately. Subject to subsections (b), (c1), and (d) of this section, all other acts and duties must be performed by both of the personal representatives if there are two, and by a majority of them if there are more than two. No personal representative who has not joined in exercising a power shall be liable for the consequences of such exercise, nor shall a dissenting personal representative be liable for the consequences of an act in which the personal representative joins at the direction of the majority of the personal representatives, if that personal representative expressed his or her dissent in writing to any other personal representative at or before the time of such joinder. No personal representative shall be relieved of liability on his or her bond or otherwise by entering into any agreement under this section. History (1959, c. 1160; 1973, c. 1329, s. 3; 1977, c. 446, s. 1; 1991, c. 460, s. 1; 2005-192, s. 5; 2011-326, s. 5; 2011-344, s. 4.) Editor's Note. - Session Laws 2011-326, s. 5(b), provides: "If Senate Bill 432, 2011 Regular Session, becomes law, this section is repealed on the effective date of that act [January 1, 2012]." Senate Bill 432 was enacted as 2011-344. Prior to its repeal, Session Laws 2011-326, s. 5(a) had, among other things, substituted "than" for "that" in subdivision (d)(3). The bracketed "[than]" has been inserted in subdivision (d)(3) at the direction of the Revisor of Statutes to reflect the apparent legislative intent. Effect of Amendments. - Session Laws 2005-192, s. 5, effective January 1, 2006, repealed subsections (a) and (c); added subsection (c1); in subdivision (d)(1), substituted "that personal representative's act" for "his act"; in subsection (e), substituted "Subject to subsections (b), (c1), and (d)" for "Subject to the provisions of subsections (b), (c) and (d)" in the first sentence, substituted "the personal representative joins" for "he joins" and substituted "that personal representative expressed his or her dissent" for "he expressed his dissent" in the second sentence; and inserted "or her" in subsection (f). Session Laws 2011-344, s. 4, effective January 1, 2012, and applicable to estates of decedents dying on or after that date, in subdivision (c1)(1), substituted "accounts for the estate" for "accounts for the trust"; and in subdivisions (c1)(5) and (c1)(8), substituted "estate" for "trust."