North Carolina § 28A-15-12 - Actions to recover property of decedent.

§ 28A-15-12. Actions to recover property of decedent.

Repealed by Session Laws 2011-344, s. 4, effective January 1, 2012, and applicable to estates of decedents dying on or after that date. A personal representative or collector shall have the right to bring an action to sue for and recover any property of any kind belonging to the estate of the personal representative's decedent, by action filed in the Superior Court Division of the General Court of Justice and shall be entitled to such other provisional remedies as provided for under Subchapter 13 of Chapter 1 of the General Statutes. Repealed by Session Laws 2011-344, s. 4, effective January 1, 2012, and applicable to estates of decedents dying on or after that date. A personal representative, collector, or any interested person shall have the right to bring an estate proceeding seeking the examination of any persons reasonably believed to be in possession of property of any kind belonging to the estate of the decedent including a demand for the recovery of such property. An estate proceeding brought under the provisions of this subsection shall be instituted by the filing of a verified petition and shall be conducted in accordance with the provisions of Article 2 of this Chapter. The court may enter orders requiring the examination of persons consistent with this subsection and, if the court determines that a person is in possession of property of the estate of the decedent, shall have the authority to order recovery of that property. Orders issued by the clerk of superior court shall be enforceable by proceedings as for contempt of court. The party against whom the final judgment is rendered shall be adjudged to pay the costs of the proceedings hereunder. The remedies provided in this section shall not be exclusive, but shall be in addition to any remedies which are now or may hereafter be provided. History (1937, c. 209, s. 1; 1973, c. 1329, s. 3; 2011-344, s. 4.) Editor's Note. - Session Laws 2011-344, s. 4, which rewrote the section, was applicable to estates of decedents dying on or after January 1, 2012. 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, rewrote the section to the extent that a detailed comparison is impracticable.