North Carolina § 28A-17-4 - Heirs and devisees necessary parties.
Full text of North Carolina North Carolina General Statutes § 28A-17-4 — Heirs and devisees necessary parties., with citation guidance and answers to common questions.
§ 28A-17-4. Heirs and devisees necessary parties.
No order to sell real property shall be granted until the heirs and devisees of the decedent have been made parties to the special proceeding by service of summons in the manner required by law, in accordance with G.S. 1A-1 , Rule 4. Upon such service, the court shall appoint a guardian ad litem for heirs and devisees who are unknown or whose addresses are unknown, and summons shall issue to the guardian ad litem as such. The guardian ad litem shall file answer for such heirs and devisees and defend for them, and the guardian ad litem shall be paid such sum as the court may fix, to be paid as costs of the proceeding. History (1868-9, c. 113, s. 44; Code, s. 1438; Rev., s. 74; C.S., s. 80; Ex. Sess. 1924, c. 3, s. 1; 1973, c. 1329, s. 3; 1975, c. 300, s. 7; 2011-344, s. 4.) Cross References. - As to parties, see G.S. 1A-1 , Rule 17. 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 the first sentence, inserted "special" and added "in accordance with G.S. 1A-1 , Rule 4"; and substituted "the guardian ad litem" for "him" or similar language in two places.
Source: official North Carolina text · Last verified 2026-08-27
Frequently Asked Questions About North Carolina § 28A-17-4
What does North Carolina General Statutes § 28A-17-4 cover?
Section 28A-17-4 ("Heirs and devisees necessary parties.") 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-17-4?
A common citation format is "North Carolina General Statutes § 28A-17-4" (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-17-4 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.