Laws of North Carolina (Last Updated: May 12, 2015) |
Chapter28A. Administration of Decedents' Estates. |
Article15. Assets; Discovery of Assets |
§28A-15-3. Nonexoneration of encumbered property
Latest version.
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When real or personal property subject to any lien or security interest, except judgment liens, is specifically devised, the devisee takes the property subject to the encumbrance and without a right to have other assets of the decedent applied to discharge the secured obligation, unless an express provision of the will confers such right of exoneration. A general testamentary direction to pay the debts of the decedent is not sufficient to confer such right.
(1973, c. 1329, s. 3.)