North Carolina § 28A-18-1 - Survival of actions to and against personal representative.

§ 28A-18-1. Survival of actions to and against personal representative.

Upon the death of any person, all demands whatsoever, and rights to prosecute or defend any action or special proceeding, existing in favor of or against such person, except as provided in subsection (b) hereof, shall survive to and against the personal representative or collector of the person's estate. The following rights of action in favor of a decedent do not survive: Causes of action for libel and for slander, except slander of title; Causes of action for false imprisonment; Causes of action where the relief sought could not be enjoyed, or granting it would be nugatory after death. History (1868-9, c. 113, ss. 63, 64; Code, ss. 1490, 1491; Rev., ss. 156, 157; 1915, c. 38; C.S., ss. 159, 162; 1965, c. 631; 1973, c. 1329, s. 3; 2011-344, s. 4.) Cross References. - As to abatement of actions, see G.S. 1A-1 , Rule 25. 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 person's" for "his" in subsection (a). Legal Periodicals. - For note on libel by will, see 33 N.C.L. Rev. 146 (1954). For note on survival of actions for alienation of affections and criminal conversation, see 35 N.C.L. Rev. 428 (1957). For article on recent developments in North Carolina tort law, see 48 N.C.L. Rev. 791 (1970). For note, "Vendor Liability for the Sale of Alcohol to an Underage Person: The Untoward Consequences of Estate of Mullis v. Monroe Oil Co.," see 21 Campbell L. Rev. 277 (1999).