North Carolina § 28C-2 Action for receiver; contents of complaint; parties

North Carolina Statutes

§ 28C-2 — Action for receiver; contents of complaint; parties

North Carolina·Ch. 28C Estates of Missing Persons

(a)Action for Receiver to Be Instituted in the Superior Court. - If any person having an interest in any property in this State disappears and is absent from his place of residence and after diligent inquiry his whereabouts remains unknown to those persons most likely to know the same, for a period of 30 days or more, anyone who would be entitled to administer the estate of such absentee if he were deceased, or any interested person, may commence a civil action and file a duly verified complaint in the superior court of either the county of such absentee's domicile, or the county where any of his property is situated.

(b)Contents of the Complaint. - The complaint shall contain the following:

(1)The name, age, occupation, and last known residence or address of such absentee;

(2)The date

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(a) Action for Receiver to Be Instituted in the Superior Court. - If any person having an interest in any property in this State disappears and is absent from his place of residence and after diligent inquiry his whereabouts remains unknown to those persons most likely to know the same, for a period of 30 days or more, anyone who would be entitled to administer the estate of such absentee if he were deceased, or any interested person, may commence a civil action and file a duly verified complaint in the superior court of either the county of such absentee's domicile, or the county where any of his property is situated.
(b) Contents of the Complaint. - The complaint shall contain the following:
(1) The name, age, occupation, and last known residence or address of such absentee;
(2) The date and circumstances of his disappearance;
(3) So far as known, a schedule of all his property within this State, including property in which he has an interest as tenant by the entirety, and other property in which he is co-owner with or without the right of survivorship;
(4) The names and addresses of the person who would have an interest in the estate of such absentee if he were deceased;
(5) The names and addresses of all persons known to the complainant to claim an interest in the absentee's property; and
(6) A prayer, that ancillary to the principal action, a receiver be appointed by virtue of the provisions of this Chapter to take custody and control of such property of the absentee and to preserve and manage the same pending final disposition of the action as provided in G.S. 28C-11.
(c) Parties to the Action. - The absentee, all persons who would have an interest in the estate of such absentee if he were deceased, all persons known to claim an interest in the absentee's property, and all known insurers of the life of the absentee shall be made parties to the action. A guardian ad litem shall be appointed for the absentee, and shall file an answer in his behalf. (1965, c. 815, s. 1; 1973, c. 522, s. 11; c. 1329, s. 2.)

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