Bill Summary for S 675 (2025-2026)
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| View NCGA Bill Details | 2025-2026 Session |
AN ACT TO ENACT PROVISIONS RELATED TO THE TRANSFER OF PROPERTY WHEN CHARITABLE ORGANIZATIONS ARE NAMED AS BENEFICIARIES OF NONPROBATE ASSETS.Intro. by Craven, Overcash, Blue.
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Bill summary
House committee substitute to the 2nd edition rewrites the previous edition as follows. Makes conforming changes to the act’s long and short titles.
Enacts Article 4B, “Transfers on Death to Charitable Organizations,” as part of GS Chapter 41.
Defines beneficiary designation under the article as an instrument or provision in an instrument designating a beneficiary, other than a will or a trust instrument, including but not limited to any of the following:
- an annuity or insurance policy;
- an account with a designation for payment on death;
- a security registered in beneficiary form;
- a pension, profit-sharing, retirement, or other employment-related benefit plan;
- any other nonprobate transfer at death.
Authorizes, in new GS 41-53.2, a 501(c)(3) charitable organization that is a beneficiary of an interest in property created by beneficiary designation, to deliver an affidavit to the holder of the property or to any person with information about the property for the purpose of obtaining the property or information regarding the property. Requires the affidavit to be signed and notarized and to contain the six enumerated pieces of information about the charitable organization, the decedent, the bequeathed property, and a request that the property be transferred to the organization. Requires the affidavit to be accompanied by the listed tax information for the charitable organization, a death certificate or other listed documentation demonstrating the death of the person who made the bequest, and documentation pertaining to the affiant’s authority to act on the charity’s behalf.
Provides for the transfer of such property pursuant to a valid request in GS 41-53.3, including the following: (1) the decedent's property shall be paid, delivered, or transferred to or for the benefit of the charitable organization as requested in the affidavit; (2) the transfer agent of a security described in the affidavit shall change registered ownership from the decedent to or for the benefit of the charitable organization as requested in the affidavit; and (3) the information requested in the affidavit shall be delivered to the organization. Prohibits the holder of the bequest from requesting additional personal information (defined) from any individual employed by or serving on the board of directors of the charitable organization. Exempts persons responding in good faith to an affidavit requesting a charitable bequest under the article from liability to any person for having delivered the property or information requested. Provides for enforceability of liens.
Specifies, in GS 41-53.4 (enforcement), that if a holder of property or person with information about the property refuses to provide the requested property or information within thirty days after delivery of the affidavit and accompanying documents under the article, the charitable organization may, within one year from the thirty-first day following the date of proof of delivery, bring an action against the holder of the property or person with information to compel delivery of the property or information. Provides for damages, costs, penalties, and reasonable attorneys’ fees. Applies to affidavits from charitable organizations delivered on or after the date the act becomes law.