Short Answer

Yes. In a North Carolina intestate estate, siblings with equal priority can renounce their right to serve and nominate you. You may serve without bond only if you are a North Carolina resident, all adult heirs sign written bond waivers, and the Clerk of Superior Court agrees. If you live out of state, the clerk will require a bond even if your siblings waive it.

Understanding the Problem

You are in North Carolina. Your parent died without a will. You are one of three heirs, and your siblings are willing to step aside so you can serve as administrator and want to know if bond can be waived.

Apply the Law

North Carolina law sets an order of priority for who may serve as administrator, but any person with a higher or equal right can file a written renunciation and, if they wish, nominate someone else. Administrators must ordinarily post a bond, but the clerk can waive bond if specific conditions are met. You qualify and apply through the Clerk of Superior Court in the county where the decedent lived.

Key Requirements

• Priority and renunciation: Heirs with equal or higher priority may file a written renunciation and may nominate you; their nomination gives you the same priority for appointment.
• Qualification: You must be legally qualified to serve and take the oath; the clerk has discretion to decline or require safeguards to protect the estate.
• Bond waiver for resident administrator: The clerk may waive bond only if you reside in North Carolina and all heirs are adults who sign written waivers.
• Nonresident administrator: If you live outside North Carolina, a bond is required even if all heirs waive it; you must also appoint a resident process agent.
• Post‑qualification duties: Publish and mail notice to creditors, file a 90‑day inventory, then file annual and final accounts until the estate closes.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-4-1 (Priority to serve) – Establishes who has priority to be appointed.
• North Carolina Gen. Stat. § 28A-5-2 (Renunciation of right to administer) – Allows express renunciation and nomination.
• North Carolina Gen. Stat. § 28A-8-1 (Bonds; exceptions) – Requires bond unless a statutory exception applies; notes the resident‑with‑waivers path.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – Sets publication and mailing requirements.

Analysis

Apply the Rule to the Facts: Because your siblings agree to step aside, they can file written renunciations and may nominate you, clearing your path to appointment. If you are a North Carolina resident and all three heirs are adults who sign bond waivers, the clerk may waive bond. If you live outside North Carolina, the clerk will require a bond even with waivers, and you must name a resident process agent. Regardless, once appointed, you must publish notice to creditors, file an inventory within 90 days, and account annually until the estate closes.

Process & Timing

1. Who files: You, as an heir. Where: Clerk of Superior Court in the county where your parent lived at death. What: File AOC‑E‑202 (Application for Letters of Administration) with supporting AOC‑E‑200 renunciations (and any nomination), proposed bond or AOC‑E‑404 bond waivers, AOC‑E‑400 (Oath), and AOC‑E‑500 (Resident Process Agent) if you are a nonresident. When: As soon as you are ready; letters issue after the clerk approves and any required bond is posted.
2. After letters (AOC‑E‑403) issue, publish notice to creditors in an appropriate newspaper and mail notice to known creditors. File the Affidavit of Notice to Creditors (AOC‑E‑307). Within 90 days of qualification, file the inventory (AOC‑E‑505). County practices vary on review times.
3. Resolve claims, pay expenses, and distribute remaining assets. File annual accounts each year and a final account to close the estate. If new assets are found or if real estate sale proceeds are deposited into the estate, the clerk may require a bond increase (AOC‑E‑433 with updated AOC‑E‑401).

Exceptions & Pitfalls

• Bond waiver is unavailable if you are a nonresident administrator; the clerk will require a bond despite heir waivers.
• All heirs must be adults to waive bond; if any heir is a minor or otherwise unable to consent, expect a bond.
• The clerk can require a bond even with waivers if needed to protect the estate, especially where significant liquid assets or creditor issues exist.
• Use the correct form: AOC‑E‑202 for intestate administration. The dual probate/letters form (AOC‑E‑201) is for estates with a will.
• If additional assets are discovered later or sale proceeds are deposited to the estate, promptly request a bond increase to avoid delays.

Talk to a Probate Attorney

If you need to become administrator and coordinate renunciations, bond waivers, notices, and court filings, our firm can help you understand each step and deadline. Call us today to get started.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.