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Ragan v. Hill9/9/1994
ett, 257 N.C. 681, 682, 127 S.E.2d 282, 283 (1962). However, there is no requirement in this statute or elsewhere in Chapter 28A that persons in plaintiffs' position have a personal representative appointed when no one entitled to serve steps forward to administer the estate. We decline to judicially impose such a requirement under the facts of the present case.
We thus conclude that plaintiffs' cause of action is not barred for failure to present the claim to the personal representative within the time prescribed by N.C.G.S. ยง 28A-19-3(b) where no personal representative or collector had been appointed for the estate. For the reasons stated herein, the decision of the Court of Appeals is reversed, and the case is remanded for reinstatement of the judgment of the trial court.
REVERSED AND REMANDED.
Disposition
REVERSED AND REMANDED.
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