North Carolina § 28A-27-7 - Fiduciary's rights and duties.

§ 28A-27-7. Fiduciary's rights and duties.

The personal representative may withhold from any property of the decedent in the personal representative's possession, distributable to any person interested in the estate, the amount of the tax apportioned to the person's interest. If the property in possession of the personal representative and distributable to any person interested in the estate tax is insufficient to satisfy the proportionate amount of the tax determined to be due from the person, the personal representative may recover the deficiency from the person interested in the estate. If the property is not in the possession of the personal representative, the personal representative may recover from any person interested in the estate the amount of the tax apportioned to the person in accordance with this Article. If property held by the fiduciary or other person is distributed prior to final apportionment of the tax, the personal representative may require the distributee to provide a bond or other security for the apportionment liability in the form and amount prescribed by the fiduciary, with the approval of the clerk of superior court having jurisdiction of the administration of the estate. History (1985 (Reg. Sess., 1986), c. 878, s. 1; 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, in subsection (a), in the first sentence, substituted "the personal representative's possession" for "his possession" and "the person's interest" for "his interest," and in the last sentence, substituted "possession of the personal representative, the personal representative may recover" for "possession of the personal representative he may recover."