{"data":{"id":"us-nc/n.c.-gen.-stat.-28a-28-2","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 28A-28-2","heading":"Petition.","body":"(a)\tThe petition shall be signed by the surviving spouse and verified to be accurate and complete to the best of the spouse's knowledge and belief and shall state all of the following:\n(1)\tThe name and address of the spouse and the fact that the spouse is the surviving spouse of the decedent.\n(2)\tThe name and domicile of the decedent at the time of death.\n(3)\tThe date and place of death of the decedent.\n(4)\tThe date and place of marriage of the spouse and the decedent.\n(5)\tA description sufficient to identify each tract of real property owned in whole or in part by the decedent at the time of death.\n(6)\tA description of the nature of the decedent's personal property and the location of such property, as far as these facts are known or can with reasonable diligence be ascertained.\n(7)\tThe probable value of the decedent's personal property, so far as the value is known or can with reasonable diligence be ascertained.\n(8)\tThat no application or petition for appointment of a personal representative is pending or has been granted in this State.\n(9)\tThat the spouse is the sole devisee or sole heir, or both, of the decedent, and that there is no other devisee or heir; that the decedent's will, if any, does not prohibit summary administration; and that any property passing to the spouse under the will is not in trust.\n(10)\tThe name and address of any executor or coexecutor named by the will and that, if the decedent died testate, a copy of the petition has been personally delivered or sent by first-class mail by the spouse to the last-known address of any executor or coexecutor named by the will, if different from the spouse.\n(11)\tThat, to the extent of the value of the property received by the spouse under the will of the decedent or by intestate succession, the spouse assumes all liabilities of the decedent that were not discharged by reason of death and assumes liability for all taxes and valid claims against the decedent or the estate, as provided in G.S. 28A-28-6.\n(12)\tIf the decedent died testate, that the decedent's will has been admitted to probate in the court of the proper county; that a duly certified copy of the will will be recorded in each county in which is located any real property owned by the decedent at the time of death; and that a certified copy of the decedent's will is attached to the petition.\n(b)\tThe petition shall be filed by the clerk upon payment of the fee provided in G.S. 7A-307 and shall be indexed in the index to estates. (1995, c. 294, s. 1; c. 509, s. 135.2(a); 2011-344, s. 4; 2025-54, s. 6(g).)","path":["Chapter 28A. Administration of Decedents' Estates.","Article 28. Summary Administration."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-28-2.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:59:22Z","sha256":"3d60f38dd5419b356ba9c04797c3892d175b610fe6180d27d116cabf1fccda5a","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-28a-28-1","next":"us-nc/n.c.-gen.-stat.-28a-28-3"},"notice":"GroundRules: Original legal text. Not legal advice."}