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Current as of January 01, 2023 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 28A. Administration of Decedents' Estates § 28A-15-3. Nonexoneration of encumbered property - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-28a-administration-of-decedents-estates/nc-gen-st-sect-28a-15-3/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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