North Carolina § 28A-22-7 - Distribution to parent or guardian of a minor.

§ 28A-22-7. Distribution to parent or guardian of a minor.

If a devise of personal property to a person under the age of 18 has a total value of less than five thousand dollars ($5,000), and the devisee is residing in the same household with a parent or a guardian appointed prior to the decedent's death, the personal representative may distribute to the parent or guardian the devise. However, such distribution shall only be made with the prior approval of the clerk of court who issued the letters testamentary or of administration. If such distribution has been made the parent or guardian shall use the property solely for the education, maintenance and support of the devisee. However, the parent or guardian shall not be required to file an accounting with the clerk of court or to the personal representative, nor shall such distribution be cause for a delay in the filing of the personal representative's final account under the provisions of Article 21 of this Chapter. Repealed by Session Laws 2014-115, s. 2.3, effective August 11, 2014. This section may also be applied to several devises of personal property to a single devisee having a combined total value of less than five thousand dollars ($5,000). History (1975, c. 813, s. 1; 2011-284, s. 19; 2014-115, s. 2.3; 2018-40, s. 8.1; 2019-243, s. 28(a).) Editor's Note. - Session Laws 2018-40, s. 8.1, which amended subsections (a) and (d) of this section, is located in Part VIII of Session Laws 2018-40. Section 8.2 of that act provides, "This section becomes effective January 1, 2019." The reference to "This section" in Section 8.2 appears to have been in error and "This Part" was apparently the intended wording. Section 15 of the act provides that except as otherwise provided, the act is effective when it becomes law. Session Laws 2019-243, s. 28(a), effective retroactively to January 1, 2019, amended Session Laws 2018-40, s. 8.2, to read: "This Part becomes effective January 1, 2019, and applies to distributions made on or after that date." Session Laws 2018-40, s. 14, is a severability clause. Effect of Amendments. - Session Laws 2011-284, s. 19, effective June 24, 2011, in the first sentence of subsection (a), twice deleted "or legacy" following "devise"; in subsections (a), (b), and (d), deleted "or legatee" following "devisee"; and in subsection (d), deleted "or legacies" following "devises." Session Laws 2014-115, s. 2.3, effective August 11, 2014, repealed subsection (c), which read "This section establishes a procedure that is separate from the provisions of G.S. 33-69.1 and it is not the intention of this section to repeal in whole or in part the provisions of G.S. 33-69.1." Session Laws 2018-40, s. 8.1, substituted "five thousand dollars ($5,000)" for "one thousand five hundred dollars ($1,500)" in subsections (a) and (d). For effective date and applicability, see editor's note.