North Carolina § 30-20 - Procedure for assignment.

§ 30-20. Procedure for assignment.

Upon the application of the surviving spouse, a child by the child's guardian or next friend, or the personal representative of the deceased, the clerk of superior court of the county in which the deceased resided may assign the inquiry to a magistrate of the county. The clerk of court, or magistrate upon assignment, shall ascertain the person or persons entitled to an allowance according to the provisions of this Article, and determine the money or other personal property of the estate, and pay over to or assign to the surviving spouse and to the children, if any, so much thereof as they shall be entitled to as provided in this Article. Any deficiencies shall be made up from any of the personal property of the deceased, and if the personal property of the estate shall be insufficient to satisfy the allowance, the clerk of the superior court shall enter judgment against the personal representative for the amount of the deficiency, to be paid when a sufficiency of such assets shall come into the personal representative's hands. History (1870-1, c. 263; Code, s. 2122; 1891, c. 13; 1899, c. 531; Rev., s. 3098; C.S., s. 4115; 1961, c. 749, s. 6; 1971, c. 528, s. 23; 1989, c. 11, s. 2; 1997-310, s. 3; 2011-344, s. 7; 2012-71, s. 2(b).) Effect of Amendments. - Session Laws 2011-344, s. 7, effective January 1, 2012, and applicable to estates of decedents dying on or after that date, substituted "the child's guardian" for "his guardian or next friend" in the first sentence, and substituted "the personal representative's hands" for "his hands" in the last sentence. Session Laws 2012-71, s. 2(b), effective June 26, 2012, added "or next friend" in the first sentence, and in the third sentence, substituted "the allowance" for "such allowance", and "the deficiency" for "such deficiency".