Bill Summary for S 675 (2025-2026)

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Summary date: 

Jun 24 2026

Bill Information:

View NCGA Bill Details2025-2026 Session
Senate Bill 675 (Public) Filed Tuesday, March 25, 2025
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 3rd edition makes the following changes.

Amends proposed GS 41-53.2 as follows. Amends the description of a charitable organization that is a beneficiary of an interest in property who may deliver an affidavit to the holder of the property to obtain the property or information on the property to now require that it be incorporated in North Carolina or in another state having a valid certificate of authority in North Carolina, in addition to being exempt under section 501(c)(3) of the Internal Revenue Code. No longer allows the affidavit to be delivered to a person with information about the property, limiting delivery to the holder of the property. Makes conforming changes to GS 41-53.3 and GS 41-53.4 by also removing inclusion of a person with information about the property. Further amends the statute by amending what must be included with the affidavit to include a certified copy of the death certificate of the decedent (was, death certificate of the decedent, probate notice published by the personal representative of the decedent’s estate, or proof of payment of the decedent’s funeral expenses) as verification of the decedent’s death.

Amends GS 41-53.3, which concerns the transfer of the property, by adding that compliance with the statute is not required if it would cause a property holder to violate the law; however, (1) a violation of an internal policy or guideline of the property holder does not excuse compliance unless the policy or guideline is expressly required by federal or state law; (2) if compliance with this statute would cause a violation, the property holder must not seek any personal information from any individual employed by or serving on the board of directors of the charitable organization that is not expressly required by federal or state law; (3) if compliance with this statute would cause a violation, the property holder must give written notice that includes the specified information about the legal authority for the noncompliance to the charitable organization within 30 days; and (4) a property holder that originates or transfers securities in reliance on documentation that complies with this statute must be discharged from all claims to the security by the estate, creditors, heirs, or devisees of a deceased owner.

Amends GS 41-53.4, concerning enforcement, to allow the charitable organization to bring an action to compel delivery against a property holder that refuses to provide the requested property or information within 60 (was, 30) days after delivery of the affidavit and accompanying documents; makes a conforming change. Adds that if a charitable organization receives designated benefits for which it is liable under GS 30-15 (setting out when the surviving spouse of a decedent is entitled to receive an allowance), the charitable organization must return to the donor's estate a portion or all of the designated benefits in order to satisfy the allowed claims, statutory allowances, or unsatisfied balance of the elective share or supplemental elective-share claim within 60 days after receiving written notice. Requires a charitable organization that fails to comply to pay statutory interest to the donor's estate for each day the unreturned amount remains outstanding.