North Carolina § 28A-16-2 - Sales or leases by court order.

Full text of North Carolina North Carolina General Statutes § 28A-16-2 — Sales or leases by court order., with citation guidance and answers to common questions.

§ 28A-16-2. Sales or leases by court order.

All sales or leases of personal property of the decedent by a collector shall be made only upon order obtained, by motion, from the clerk of superior court. A personal representative may, if the personal representative so desires, request the clerk of superior court to issue to the personal representative an order to sell or lease personal property of the decedent. Sales or leases of personal property of the decedent held pursuant to court order shall be conducted as provided in Article 29A of Chapter 1 of the General Statutes, entitled "Judicial Sales." A personal representative may, for the personal representative's own benefit, purchase or lease personal property belonging to the decedent at a public sale conducted under an order of the clerk of superior court, if the transaction is reported to the clerk of superior court and confirmed by the clerk of superior court. History (1868-9, c. 113, s. 17; Code, s. 1409; Rev., s. 61; C.S., s. 67; 1949, c. 719, s. 2; 1973, c. 1329, s. 3; 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, substituted "the personal representative's" for "his," or similar language" throughout the section; and substituted "by the clerk of superior court" for "by him" in subsection (d).

Source: official North Carolina text · Last verified 2026-08-27

Frequently Asked Questions About North Carolina § 28A-16-2

What does North Carolina General Statutes § 28A-16-2 cover?

Section 28A-16-2 ("Sales or leases by court order.") is part of the North Carolina General Statutes, the codified statutory law of North Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite North Carolina § 28A-16-2?

A common citation format is "North Carolina General Statutes § 28A-16-2" (North Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of North Carolina law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Carolina official source linked on this page or consult a licensed North Carolina attorney.

How does North Carolina § 28A-16-2 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in North Carolina.