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North Carolina General Statutes Chapter 28C Estates of Missing Persons

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• N.C. Gen. Stat. § 28C-1.   Death not presumed from seven years' absence; exposure to peril to be considered
  (a) Death Not to Be Presumed from Mere Absence. In any action under this Chapter, where the death of a person and the date thereof,...
• N.C. Gen. Stat. § 28C-2.   Action for receiver; contents of complaint; parties
  (a) Action for Receiver to Be Instituted in the Superior Court. If any person having an interest in any property in this State disappears and...
• N.C. Gen. Stat. § 28C-3.   Procedure on complaint
  Upon the filing of the complaint referred to in G.S. 28C‑2, the judge may for cause shown appoint a temporary receiver to take charge of...
• N.C. Gen. Stat. § 28C-4.   Notice to interested persons
  Upon the filing of the inventory by the temporary receiver, the judge shall issue a notice reciting the substance of the complaint and the appointment...
• N.C. Gen. Stat. § 28C-5.   Service of notices
  All notices required under this Chapter shall be served on all parties to the action and on all other persons entitled to such notice in...
• N.C. Gen. Stat. § 28C-6.   Procedure after notice
  The absentee or any person entitled to notice as provided in G.S. 28C‑4 may appear and show cause why a permanent receiver of the absentee's...
• N.C. Gen. Stat. § 28C-7.   Property transferred to permanent receiver by order of judge; filing of inventory; recordation of order of transfer
  Upon the permanent receiver giving bond as required by G.S. 28C‑16 and its approval by the judge, the judge shall order the temporary receiver to...
• N.C. Gen. Stat. § 28C-8.   Powers and duties of permanent receiver
  The permanent receiver shall under the direction of the judge administer the absentee's property as an equity receivership with the following powers: (1) To take...
• N.C. Gen. Stat. § 28C-9.   Search for absentee
  The judge shall by order direct the receiver to make a search for the absentee. The order shall specify the manner in which the search...
• N.C. Gen. Stat. § 28C-10.   Claims against absentee
  Immediately upon the appointment of a permanent receiver under this Chapter, the permanent receiver shall publish a notice addressed to all persons having claims against...
• N.C. Gen. Stat. § 28C-11.   Final finding and decree
  (a) At any time, during the receivership proceedings, upon application to the judge by any party in interest and presentation of satisfactory evidence of the...
• N.C. Gen. Stat. § 28C-12.   Termination of receivership
  Upon the entry of any final finding and decree as provided in G.S. 28C‑11, the judge shall proceed to wind up the receivership and terminate...
• N.C. Gen. Stat. § 28C-13.   Distribution of property of absentee
  The property remaining for distribution in accordance with the provisions of G.S. 28C‑12, subdivision (3)d shall be transferred or distributed by the receiver and in...
• N.C. Gen. Stat. § 28C-14.   Additional limitations on accounting, distribution or making claim by absentee
  If, at the time of the hearing in G.S. 28C‑6 wherein a permanent receiver is appointed by the judge after a finding of disappearance as...
• N.C. Gen. Stat. § 28C-15.   When claim of absentee barred
  No action shall be brought by an absentee to recover any portion of the property which is the subject of this proceeding after a final...
• N.C. Gen. Stat. § 28C-16.   Laws of administration of estates applicable
  Except as otherwise provided in this Chapter, the laws of this State applicable to administration of decedents' estates as to the amount and type of...
• N.C. Gen. Stat. § 28C-17.   Appointment of public administrator as receiver for estate of less than $1,000
  Whenever a receiver is to be appointed under this Chapter, and it is found by the judge that the fair value of the estate involved...
• N.C. Gen. Stat. § 28C-18.   Payment of insurance policies
  (a) At the time of the distribution under G.S. 28C‑13 the judge may direct the payment of any sums as they become due on any...
• N.C. Gen. Stat. § 28C-19.   Absentee Insurance Fund
  (a) In each case of termination of the receivership, as provided in G.S. 28C‑12, subdivisions (1) and (3), the judge shall set aside the sum...
• N.C. Gen. Stat. § 28C-20.   Provisions applicable to person held incommunicado in foreign country
  As to a person who is known to be held incommunicado in a foreign country, G.S. 28C‑1 through 28C‑8 and 28C‑10 may be applied as...
• N.C. Gen. Stat. § 28C-21.   When agents' acts binding on estate of absentee
  Acts of an agent of an absentee, carried out in good faith, prior to the appointment of a receiver under this Chapter, shall be binding...
• N.C. Gen. Stat. § 28C-22.   Provisions of Chapter severable
  If any provisions of this Chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions...

Last modified: August 6, 2008