What form is needed to release funds to the executor of the estate to pay the bills?
What legal document do I need to file to get the court to release funds to the executor of the estate to pay the bills for my brother's estate if money was assigned to the court in an interpleading for the benefit of the estate?03/06/2009 | Category: Wills and Es... » Probate | State: North Carolina | #15472
Please see the statutes below to determine applicability:
§ 28A-19-4. Payment of claims and charges.
As soon as the personal representative or collector is possessed of
sufficient means over and above the other costs of administration, he
shall pay the year's allowances in the amounts and in the manner
prescribed in G.S. 30-15 to 30-33. Prior to the date specified in the
general notice to creditors as provided for in G.S. 28A-14-1, the
personal representative or collector may pay such other claims and charges
as he deems in the best interest of the estate if the total assets are
sufficient to pay all claims and charges against the estate.
§ 30-15. When spouse entitled to allowance.
Every surviving spouse of an intestate or of a testator, whether or not
he has petitioned for an elective share, shall, unless he has forfeited
his right thereto, as provided by law, be entitled, out of the personal
property of the deceased spouse, to an allowance of the value of ten
thousand dollars ($10,000) for his support for one year after the death
of the deceased spouse. Such allowance shall be exempt from any lien, by
judgment or execution, acquired against the property of the deceased
spouse, and shall, in cases of testacy, be charged against the share of
the surviving spouse.
§ 30-16. Duty of personal representative, magistrate, or clerk to assign
It shall be the duty of every administrator, collector, or executor of
a will, on application in writing, signed by the surviving spouse, at any
time within one year after the death of the deceased spouse, to assign to
the surviving spouse the year's allowance as provided in this Article.
If there shall be no administration, or if the personal representative
shall fail or refuse to apply to a magistrate or clerk of court, as
provided in G.S. 30-20, for 10 days after the surviving spouse has filed
the aforesaid application, or if the surviving spouse is the personal
representative, the surviving spouse may make application to the
magistrate or clerk, and it shall be the duty of the magistrate or clerk
to proceed in the same manner as though the application had been made by
the personal representative.
Where any personal property of the deceased spouse shall be located
outside the township or county where the deceased spouse resided at the
time of his death, the personal representative or the surviving spouse
may apply to any magistrate or to any clerk of court of any township or
county where such personal property is located, and it shall be the duty
of such magistrate or clerk to assign the year's allowance as if the
deceased spouse had resided and died in that township.
§ 30-18. From what property allowance assigned.
Such allowance shall be made in money or other personal property of the
estate of the deceased spouse.
§ 28A-14-1. Notice for claims.
(a) Every personal representative and collector after the granting of
letters shall notify all persons, firms and corporations having claims
against the decedent to present the same to such personal representative
or collector, on or before a day to be named in such notice, which day
must be at least three months from the day of the first publication or
posting of such notice. The notice shall set out a mailing address for the
personal representative or collector. The notice shall be published once a
week for four consecutive weeks in a newspaper qualified to publish legal
advertisements, if any such newspaper is published in the county. If
there is no newspaper published in the county, but there is a newspaper
having general circulation in the county, then at the option of the
personal representative, or collector, the notice shall be published once
a week for four consecutive weeks in the newspaper having general
circulation in the county and posted at the courthouse or the notice
shall be posted at the courthouse and four other public places in the
county. Personal representatives are not required to publish or mail
notice to creditors if the only asset of the estate consists of a claim
for damages arising from death by wrongful act. When any collector or
personal representative of an estate has published or mailed the notice
provided for by this section, no further publication or mailing shall be
required by any other collector or personal representative.
(b) Prior to filing the proof of notice required by G.S. 28A-14-2,
every personal representative and collector shall personally deliver or
send by first class mail to the last known address a copy of the notice
required by subsection (a) of this section to all persons, firms, and
corporations having unsatisfied claims against the decedent who are
actually known or can be reasonably ascertained by the personal
representative or collector within 75 days after the granting of
letters. Provided, however, no notice shall be required to be delivered
or mailed with respect to any claim that is recognized as a valid claim
by the personal representative or collector.
(c) The personal representative or collector may personally deliver or
mail by first class mail a copy of the notice required by subsection (a)
of this section to all creditors of the estate whose names and addresses
can be ascertained with reasonable diligence. If the personal
representative or collector in good faith believes that the notice
required by subsection (b) of this section to a particular creditor is or
may be required and gives notice based on that belief, the personal
representative or collector is not liable to any person for giving the
notice, whether or not the notice is actually required by subsection (b)
of this section. If the personal representative or collector in good
faith fails to give notice required by subsection (b) of this section,
the personal representative or collector is not liable to any person for
28A-22-1. Scheme of distribution; testate and intestate estates.
After the payment of costs of administration, taxes and other valid
claims against the decedent's estate, the personal representative shall
distribute the remaining assets of the estate in accordance with the
terms of decedent's valid probated will or the provisions of Chapter 29
of the General Statutes or as otherwise lawfully authorized.
§ 28A-15-1. Assets of the estate generally.
(a) All of the real and personal property, both legal and equitable, of
a decedent shall be assets available for the discharge of debts and other
claims against his estate in the absence of a statute expressly excluding
any such property. Provided that before real property is selected the
personal representative must determine that such selection is in the best
interest of the administration of the estate.
(b) In determining what property of the estate shall be sold, leased,
pledged, mortgaged or exchanged for the payment of the debts of the
decedent and other claims against his estate, the personal representative
shall select the assets which in his judgment are calculated to promote
the best interests of the estate. In the selection of assets for this
purpose, there shall be no necessary distinction between real and personal
property, absent any contrary provision in the will.
(c) If it shall be determined by the personal representative that it is
in the best interest of the administration of the estate to sell, lease,
or mortgage any real estate or interest therein to obtain money for the
payment of debts and other claims against the decedent's estate, the
personal representative shall institute a special proceeding before the
clerk of superior court for such purpose pursuant to Article 17 of this
Chapter, except that no such proceeding shall be required for a sale made
pursuant to authority given by will. A general provision granting
authority to the personal representative to sell the testator's real
property, or incorporation by reference of the provisions of G.S. 32-27(2)
shall be sufficient to eliminate the necessity for a proceeding under
Article 17. If a special proceeding has been instituted by the personal
representative pursuant to G.S. 28A-13-3(c), the personal representative
may petition for sale, lease, or mortgage of any real property as a
part of that proceeding and is not required to institute a separate special
(d) The crops of every deceased person, remaining ungathered at his
death, shall, in all cases, belong to the personal representative or
collector, as part of the personal assets of the decedent's estate; and
shall not pass to the devisee by virtue of any devise of the land, unless
such intent be manifest and specified in the will.