§ 28A-22-9. Distribution to known but unlocated devisees or heirs.
§ 28A‑22‑9. Distribution to known but unlocated devisees or heirs.
(a) If there are knownbut unlocated devisees or heirs of property held by the personalrepresentative, the personal representative may deliver the share of suchdevisee or heir to the clerk of superior court immediately prior to filing ofthe final account. If the devisee or heir is located after the final accounthas been filed, he may present a claim for the share to the clerk. If the clerkdetermines that the claimant is entitled to the share, he shall deliver theshare to the devisee or claimant. If the clerk denies the claim, the claimantmay take an appeal as in a special proceeding.
(b) The clerk shallhold the share without liability for profit or interest. If no claim has beenpresented within a period of one year after the filing of the final account,the clerk shall deliver the share to the State Treasurer as abandoned property.
(c) The clerk shall notbe required to publish any notice to such devisee or heir and shall not be requiredto report such share to the State Treasurer. If the devisee or heir is located,the clerk shall inform the devisee or heir that he is entitled to file a claimwith the State Treasurer for the share under the provisions of G.S. 116B‑67.(1979, 2nd Sess.,c. 1311, s. 2; 2002‑62, s. 1.)