Short Answer

Yes—under North Carolina law, one sibling can be appointed as the sole administrator even without the other sibling’s signature. If your sibling won’t sign a renunciation, the Clerk of Superior Court can still appoint you after required notice to equally entitled applicants, and the clerk may choose one person who is most likely to administer the estate effectively. Without a sibling waiver, you may need to post a bond.

Understanding the Problem

In North Carolina probate, can you be appointed the sole administrator when your sibling (an equal‑priority heir) hasn’t signed anything? You want the authority to open the estate and move forward. One key fact: your sibling initially planned to serve with you but hasn’t signed the firm’s revised retainer.

Apply the Law

North Carolina sets an order of priority for who may serve as administrator. Siblings are equal‑priority heirs when there is no surviving spouse. If co‑heirs do not all consent, the Clerk of Superior Court can appoint the person the clerk believes will manage the estate best, or appoint co‑administrators. Before appointing one equal‑priority applicant over another, the clerk typically requires either written renunciations or statutory notice. If an equal‑priority person does nothing for a period, the clerk can treat their right as renounced. Bond may be required unless all adult heirs waive it for a North Carolina resident administrator.

Key Requirements

• Equal priority: Siblings share the same priority to serve. Either may apply.
• Renunciation or notice: If your sibling won’t sign a renunciation, the clerk generally requires 15 days’ written notice before choosing one applicant over another.
• Clerk’s discretion: The clerk may appoint the person most likely to administer the estate advantageously, or appoint co‑administrators.
• Implied renunciation: If an equal‑priority person fails to act, the clerk can deem their right renounced after statutory triggers (including 30‑ and 90‑day pathways).
• Bond: If your sibling won’t sign a bond waiver, expect to post bond (unless another statutory exception applies).
• Qualifications: Administrator must be legally qualified; nonresidents must appoint a North Carolina process agent.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-4-1 (Priority for letters) – Sets the order of who may serve and allows the clerk to choose one or more suitable applicants.
• North Carolina Gen. Stat. § 28A-5-2 (Renunciation of right to administer) – Allows express renunciation and provides mechanisms for implied renunciation after set timeframes.
• North Carolina Gen. Stat. § 28A-6-2 (Notice of application for letters) – Requires 15 days’ written notice to equal or higher‑priority persons who have not renounced.
• North Carolina Gen. Stat. § 28A-8-1 (Bond) – Explains when bond is required and when it can be waived.

Analysis

Apply the Rule to the Facts: You and your sibling are equal‑priority heirs. If your sibling won’t sign a renunciation, the clerk can still appoint you after giving your sibling 15 days’ notice of your application. If your sibling does not pursue qualification, the clerk can treat their right as renounced based on statutory timelines and appoint you. Without your sibling’s bond waiver, you should plan to post bond. Your firm’s retainer is separate from the legal appointment; once retained, they can manage filings and timelines.

Process & Timing

1. Who files: The sibling seeking sole appointment. Where: Clerk of Superior Court in the county where the decedent was domiciled. What: AOC‑E‑202 (Application for Letters of Administration), AOC‑E‑400 (Oath), bond forms (AOC‑E‑401; waivers AOC‑E‑404 if applicable), AOC‑E‑500 (process agent if nonresident). If your sibling agrees to step aside, use AOC‑E‑200 (Renunciation). When: File as soon as you’re ready; if your sibling hasn’t renounced, the clerk generally requires 15 days’ written notice to your sibling before issuing letters to you.
2. Clerk review and decision. If both apply or one objects, the clerk may hold a brief hearing and appoint the person deemed most likely to administer efficiently, or appoint co‑administrators. Timeframes can vary by county.
3. After appointment, the clerk issues AOC‑E‑403 (Letters of Administration). You then open an estate account, publish notice to creditors, and proceed with administration. The inventory is typically due about three months after qualification.

Exceptions & Pitfalls

• If your sibling actively objects and is equally qualified, the clerk may appoint co‑administrators or select the applicant who appears most capable of administering the estate advantageously.
• No bond waiver: Without your sibling’s waiver, expect to post bond; plan for the cost and timing so the appointment is not delayed.
• Nonresident administrators must appoint a North Carolina process agent and may face stricter bond requirements.
• Skipping the 15‑day notice when required can delay or prevent issuance of letters.

Talk to a Probate Attorney

If you’re dealing with whether you can serve as sole administrator without your sibling’s consent, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

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.