Short Answer

In North Carolina, file an Application for Letters of Administration with the Clerk of Superior Court in the decedent’s county of domicile, attach the heir’s written renunciation (and nomination), and show you are qualified to serve. You must take an oath and post bond unless a statutory exception applies. Once the Clerk issues Letters of Administration, you publish and mail notice to creditors and file an inventory within three months. Real estate may require additional court authority if it must be used to pay debts.

Understanding the Problem

You want to know whether you can be appointed the North Carolina estate administrator (for an intestate estate) when the sole heir has signed a renunciation so you can serve. The decision point is whether the Clerk of Superior Court will issue you Letters of Administration based on your qualification, the heir’s renunciation/nomination, and completion of bond, oath, and filing steps. One key fact: the sole heir has already renounced in writing.

Apply the Law

North Carolina gives priority to certain people to serve as administrator, but anyone with priority may renounce and nominate a qualified person to serve in their place. The nominee takes the same priority if otherwise qualified. You apply with the Clerk of Superior Court in the decedent’s county of domicile, provide proof of death, the renunciation/nomination, and satisfy bond and oath requirements before Letters of Administration issue. After qualification, you must publish and mail notice to creditors and file an inventory on time.

Key Requirements

• Priority and renunciation: A person with priority (here, the sole heir) can renounce in writing and nominate you; the nominee has the same priority if qualified.
• Qualification: You must not be disqualified (e.g., underage, incompetent, certain felonies, unsuitable). If you live out of state, you must appoint a North Carolina resident process agent.
• Application and venue: File the Application for Letters of Administration (AOC-E-202) with the Clerk of Superior Court where the decedent was domiciled and attach evidence of death.
• Bond and oath: Post bond unless a statutory exception applies (adult heirs’ waiver works only if you are a NC resident) and take the administrator’s oath before the Clerk.
• Letters issued: After approval, the Clerk issues Letters of Administration (AOC-E-403), which you use to collect assets and open the estate account.
• Notice and inventory: Publish and mail notice to creditors, file the Affidavit of Notice (AOC-E-307), and submit the Inventory (AOC-E-505) within three months of qualification.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-4-1 (Order of appointment) – Sets the priority to serve and the Clerk’s discretion.
• North Carolina Gen. Stat. § 28A-5-2 (Renunciation of right to administer) – Allows express renunciation and nomination of a qualified person with equal priority.
• North Carolina Gen. Stat. § 28A-6-1 (Application for letters) – Governs the application, venue, and evidence of death.
• North Carolina Gen. Stat. § 28A-8-1 (Bond requirements and exceptions) – Requires bond unless a listed exception applies.

Analysis

Apply the Rule to the Facts: Because the sole heir renounced and nominated you, you may claim the heir’s priority to serve so long as you are not disqualified and you meet bond and oath requirements. Your power of attorney ended at death, but it does not bar you from serving as administrator; be ready to post bond (or obtain a valid waiver if you are a NC resident and the heir is an adult). With a mortgaged house and a paid‑off car, you will list the car as personal property and manage the mortgage and property taxes; if personal property is insufficient to pay claims, you may need a court proceeding to use or sell the real property to pay estate debts. Hospital bills are unsecured claims handled through the notice-to-creditors process.

Process & Timing

1. Who files: You (the nominee). Where: Clerk of Superior Court in the North Carolina county where the decedent was domiciled. What: AOC-E-202 (Application for Letters of Administration) with a certified death certificate; the heir’s AOC-E-200 (Renunciation/nomination); AOC-E-401 (Bond) or AOC-E-404 (Waiver) as applicable; AOC-E-500 (Resident Process Agent) if you live out of state. When: As soon as you have the renunciation and documentation; no need to wait if required renunciation is filed.
2. Take the administrator’s oath (AOC-E-400). If bond is required, arrange a surety and file it; then the Clerk issues Letters of Administration (AOC-E-403). Open an estate bank account and begin gathering records.
3. Publish notice to creditors once a week for four successive weeks and mail notice to known creditors; file AOC-E-307 (Affidavit of Notice to Creditors). File the Inventory (AOC-E-505) within three months of qualification. If personal property will not cover valid claims, consult about a special proceeding to use or sell the real property to pay debts.

Exceptions & Pitfalls

• Renunciation and nomination do not guarantee appointment; the Clerk must still find you qualified and may require additional notice or bond based on the estate’s risks.
• Bond waivers by heirs do not excuse a nonresident administrator from bond; nonresidents must also appoint a resident process agent before Letters issue.
• Do not sell or transfer the house or vehicle before you receive Letters; real property typically requires additional court authority if needed to pay debts.
• Publish and mail creditor notices properly; missing a known creditor can leave the claim open and complicate closing the estate.
• If you previously served as agent under power of attorney, keep pristine records; any appearance of conflict can lead to higher bond or court scrutiny.

Talk to a Probate Attorney

If you’re seeking appointment after an heir renounces and need help with filings, bond, or notice to creditors, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to discuss your next steps.

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.