North Carolina § 28A-18-3 - To sue or defend in representative capacity.
Full text of North Carolina North Carolina General Statutes § 28A-18-3 — To sue or defend in representative capacity., with citation guidance and answers to common questions.
§ 28A-18-3. To sue or defend in representative capacity.
All actions and proceedings brought by or against personal representatives or collectors upon any cause of action or right to which the estate of the decedent is the real party in interest, must be brought by or against them in their representative capacity. History (1868-9, c. 113, s. 79; Code, s. 1507; Rev., s. 160; C.S., s. 164; 1973, c. 1329, s. 3.) Cross References. - As to parties, see G.S. 1A-1 , Rule 17. As to when heirs and devisees are necessary parties, see G.S. 28A-17-4 . Legal Periodicals. - For note on the Erie doctrine and Rule 15(c), see 16 Wake Forest L. Rev. 621 (1980).
Source: official North Carolina text · Last verified 2026-08-27
Frequently Asked Questions About North Carolina § 28A-18-3
What does North Carolina General Statutes § 28A-18-3 cover?
Section 28A-18-3 ("To sue or defend in representative capacity.") 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-18-3?
A common citation format is "North Carolina General Statutes § 28A-18-3" (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-18-3 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.