(a) Filing Requirement. - A limited personal representative appointed pursuant to Article 29 of this Chapter shall file a sworn affidavit or report listing all debts and other claims duly presented to the limited personal representative and providing proof that the debts and other claims were satisfied, compromised, or denied, and that the time for filing suit thereon has expired. The sworn affidavit or report shall be filed within 30 days of the later of the following:
(1) The date by which a claim must be presented as set forth in the general notice to creditors provided for in G.S. 28A-14-1.
(2) The date by which an action for recovery of a rejected claim must be commenced under G.S. 28A-19-6.
(b) Action by Clerk. - The affidavit or report shall be reviewed and recorded by the clerk of superior court. Following the review, the clerk of superior court shall take one of the following actions:
(1) Discharge the limited personal representative from office.
(2) Require the filing of any additional information or documents determined by the clerk to be necessary to the understanding of the affidavit or report.
(3) Order the full administration of the decedent's estate and appoint a personal representative. (2009-444, s. 2.)
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Last modified: March 23, 2014