North Carolina § 28A-8-1 - Bond required before letters issue; when bond not required.

§ 28A-8-1. Bond required before letters issue; when bond not required.

Except as otherwise provided in subsection (b) of this section, every personal representative, before letters are issued, shall give bond, conditioned as provided in G.S. 28A-8-2. No bond shall be required of: A resident executor, unless the express terms of the will require a resident executor to give bond; A nonresident executor (or a resident executor who moves from this State subsequent to that executor's appointment) who has appointed a resident agent to accept service of process as provided in G.S. 28A-4-2(a) [28A-4-2(4)], when the express terms of the will excuse a nonresident executor from giving bond; A nonresident executor, when there is a resident executor named who has qualified as coexecutor unless the express terms of the will require them to give bond, or the clerk of superior court finds that such bond is necessary for the protection of the estate; or A personal representative appointed solely for the purpose of bringing an action for the wrongful death of the deceased until such time as the personal representative shall receive property into the estate of the deceased; or A personal representative that is a trust institution licensed under G.S. 53-159; A personal representative of an intestate who resides in the State of North Carolina when all of the heirs of the decedent are over 18 years of age and file with the clerk of superior court a written waiver instrument agreeing to relieve the personal representative from the necessity of giving bond; or A personal representative where the personal representative receives all the property of the decedent; An administrator with the will annexed who resides in the State of North Carolina when all of the devisees of the decedent are over 18 years of age and file with the clerk of superior court a written waiver instrument agreeing to relieve the administrator with the will annexed of the necessity of giving bond. History (C.C.P., ss. 467, 468; 1870-1, c. 93; Code, ss. 1387, 1388, 2169; Rev., s. 29; C.S., s. 39; 1923, c. 56; 1967, c. 41, s. 1; 1973, c. 1329, s. 3; 1975, c. 300, s. 3; 1977, c. 29; 1981, c. 428; c. 599, ss. 5, 6; 2011-339, s. 5; 2011-344, s. 4.) Editor's Note. - The bracketed reference in subdivision (b)(2) was added at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2011-339, s. 5, effective October 1, 2011, and applicable to all trusts created before, on, or after that date, rewrote subdivision (b)(5), which formerly read: "A personal representative that is a national banking association having its principal place of business in this State or a State bank acting pursuant to G.S. 53-159 ." 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), inserted "of this section"; in subdivisions (b)(1), (b)(2), and (b)(7), made gender neutral changes; in subdivision (b)(5), substituted "trust institution licensed under G.S. 53-159 " for "national banking association having its principal place of business in this State or a State bank acting pursuant to G.S. 53-159 "; and in subdivision (b)(8), substituted "the administrator with the will annexed" for "him."