North Carolina General Statutes Chapter 28C Estates of Missing Persons

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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 G.S. 28C-10 may be...
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...
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...

Last modified: March 23, 2014