§ 28A-17-12. Sale, lease or mortgage of real property by heirs or devisees.
§28A‑17‑12. Sale, lease or mortgage of real property by heirs ordevisees.
(a) If the firstpublication or posting of the general notice to creditors as provided for inG.S. 28A‑14‑1 occurs within two years after the death of thedecedent:
(1) All sales, leases ormortgages of real property by heirs or devisees of any resident or nonresidentdecedent made after the death of the decedent and before the first publicationor posting of the general notice to creditors are void as to creditors andpersonal representatives; and
(2) All sales, leases ormortgages of real property by heirs or devisees of any resident or nonresidentdecedent made after such first publication or posting and before approval ofthe final account shall be void as to creditors and personal representativesunless the personal representative joins in the sale, lease or mortgage.
(b) If the firstpublication or posting of the general notice to creditors as provided for inG.S. 28A‑14‑1 does not occur within two years after the death of thedecedent, all sales, leases or mortgages of real property by heirs or deviseesof any resident or nonresident decedent shall be valid as to creditors andpersonal representatives of the decedent. (1973, c. 1329, s. 3; 1979,2nd Sess., c. 1246, s. 1.)