NORTH CAROLINA GENERAL ASSEMBLY
1975 SESSION

CHAPTER 813
HOUSE BILL 1086

AN ACT TO AMEND CHAPTER 28A, ADMINISTRATION OF DECEDENT'S ESTATES ACT, TO PROVIDE FOR DIRECT PAYMENT TO A PARENT OR GUARDIAN OF A DEVISE OR LEGACY OF LESS THAN ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500) IN VALUE.

The General Assembly of North Carolina enacts:

Section 1.  Article 22 of Chapter 28A, as the same appears in the 1974 Cumulative Supplement to Volume 2A is hereby amended by adding a new section G.S. 28A-22-7 to read as follows:
"§ 28A-22-7.  Distribution to parent or guardian of a minor. — (a) If a devise or legacy of personal property to a person under the age of 18 has a total value of less than one thousand five hundred dollars ($1,500), and the devisee or legatee is residing in the same household with a parent or, a guardian appointed prior to the decedent's death, the personal representative may distribute to the parent or guardian the devise or legacy. However, such distribution shall only be made with the prior approval of the clerk of court who issued the letters testamentary or of administration.
(b)	If such distribution has been made the parent or guardian shall use the property solely for the education, maintenance and support of the devisee or legatee. However, the parent or guardian shall not be required to file an accounting with the clerk of court or to the personal representative, nor shall such distribution be cause for a delay in the filing of the personal representative's final account under the provisions of Article 21 of this Chapter.
(c)	This section establishes a procedure that is separate from the provisions of G.S. 33‑69.1 and it is not the intention of this section to repeal in whole or in part the provisions of G.S. 33-69.1.
(d)	This section may also be applied to several devises or legacies of personal property to a single devisee or legatee having a combined total value of less than one thousand five hundred dollars ($1,500)."
Sec. 2.  The provisions of G.S. 28A-22-7 shall apply to the estates of decedents being administered under the provisions of Chapter 28A as the same appears in the 1974 Cumulative Supplement to Volume 2 A of the General Statutes.
Sec. 3.  This act shall become effective October 1, 1975.
In the General Assembly read three times and ratified, this the 24th day of June, 1975.