NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 634

HOUSE BILL 755

 

 

AN ACT RELATING TO THE ADMINISTRATION OF ESTATES OF PERSONS DOMICILED IN NORTH CAROLINA AT THE TIME OF DEATH.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Article 1 of Chapter 28 of the General Statutes of North Carolina is hereby amended by adding a new Section at the end thereof as follows:

"§ 28-2.3.  Domiciliary and Ancillary Probate and Administration Jurisdiction. The domiciliary, or original, administration of the estates of all decedents domiciled in North Carolina at the time of death shall be under the jurisdiction of this State and of a proper Clerk of the Superior Court in this State, and the original probate of all wills of such persons shall be in this State. Any administration of the estate and any probate of a will of such decedents outside North Carolina shall be ancillary only. All assets, except real estate (but including proceeds from the sale of real estate), subject to ancillary administration in a jurisdiction outside North Carolina, shall, to the extent such assets are not necessary for the requirements of such ancillary administration, be transferred and delivered by the ancillary administrator to the duly qualified executor or administrator in this State for administration and distribution by the domiciliary executor or administrator, and the domiciliary executor or administrator in this State shall have the duty of collecting all such assets from the ancillary administrator. The receipt of the domiciliary executor or administrator shall fully acquit the ancillary administrator with respect to the assets covered thereby. The domiciliary executor or administrator in North Carolina shall have the exclusive right and duty to pay all Federal and North Carolina taxes owed by the estate of such decedent and to make proper distribution of all assets including those collected from the ancillary administrator."

Sec. 2.  This Act shall apply to all persons dying after the ratification of this Act.

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall be in full force and effect from and after ratification.

In the General Assembly read three times and ratified, this the 30th day of May, 1963.