North Carolina § 28A-28-2 - Petition.

§ 28A-28-2. Petition.

The petition shall be signed by the surviving spouse and verified to be accurate and complete to the best of the spouse's knowledge and belief and shall state as follows: The name and address of the spouse and the fact that the spouse is the surviving spouse of the decedent; The name and domicile of the decedent at the time of death; The date and place of death of the decedent; The date and place of marriage of the spouse and the decedent; A description sufficient to identify each tract of real property owned in whole or in part by the decedent at the time of death; A description of the nature of the decedent's personal property and the location of such property, as far as these facts are known or can with reasonable diligence be ascertained; The probable value of the decedent's personal property, so far as the value is known or can with reasonable diligence be ascertained; That no application or petition for appointment of a personal representative is pending or has been granted in this State; That the spouse is the sole devisee or sole heir, or both, of the decedent, and that there is no other devisee or heir; that the decedent's will, if any, does not prohibit summary administration; and that any property passing to the spouse under the will is not in trust; The name and address of any executor or coexecutor named by the will and that, if the decedent died testate, a copy of the petition has been personally delivered or sent by first-class mail by the spouse to the last-known address of any executor or coexecutor named by the will, if different from the spouse; That, to the extent of the value of the property received by the spouse under the will of the decedent or by intestate succession, the spouse assumes all liabilities of the decedent that were not discharged by reason of death and assumes liability for all taxes and valid claims against the decedent or the estate, as provided in G.S. 28A-28-6; and If the decedent died testate, that the decedent's will has been admitted to probate in the court of the proper county; that a duly certified copy of the will has been recorded in each county in which is located any real property owned by the decedent at the time of death; and that a certified copy of the decedent's will is attached to the petition. The petition shall be filed by the clerk upon payment of the fee provided in G.S. 7A-307 and shall be indexed in the index to estates. History (1995, c. 294, s. 1; c. 509, s. 135.2(a); 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, substituted "the spouse is" for "he or she is" in subdivision (1).