Short Answer

Yes. In North Carolina, if no executor is able or willing to serve—or the will does not name one—you may petition the Clerk of Superior Court to be appointed. If a valid will exists, you would seek appointment as administrator with the will annexed (administrator c.t.a.); if no will can be probated, you would seek appointment as administrator. The clerk decides based on statutory priority, qualifications, any renunciations, and the estate’s best interests.

Understanding the Problem

You want to know if, in North Carolina, an heir can ask the Clerk of Superior Court to appoint them to handle the estate when the will you received has missing pages and no executor named. The decision is whether you can apply now to administer the estate, instead of signing a renunciation someone else put in front of you.

Apply the Law

North Carolina law allows the Clerk of Superior Court to appoint a personal representative according to a priority order. When a will has no qualified executor, the clerk may appoint an administrator c.t.a. based on the same priority used for intestate estates. Heirs and devisees are in that priority if they are qualified and if any higher-priority applicants have renounced or are deemed to have renounced. The application is filed with the Clerk of Superior Court in the county where the decedent was domiciled. Key timing points include 60 days for a named executor to present the will, 30 days after death for implied renunciation steps, and a 15-day notice period to equal or higher-priority persons if they have not renounced.

Key Requirements

• No qualified executor: Either the will names no executor or the named executor(s) cannot or do not qualify; then appointment proceeds as administrator c.t.a. (or as administrator if no will can be probated).
• Eligibility to serve: You must be legally qualified (e.g., adult, not disqualified, and post bond or secure waivers if required; nonresidents must appoint a North Carolina process agent).
• Priority and renunciation: Your priority as an heir or devisee applies only after those with equal or higher priority have renounced (expressly or by implication) or after required notice to them.
• Proper filing: File the correct application and supporting documents with the Clerk of Superior Court in the county of the decedent’s domicile; if a will exists, submit the original for probate.
• Bond and oath: Complete any required bond and take the oath before letters will issue.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-4-1 (Priority for appointment) – Sets who is first in line to serve and how the clerk chooses among applicants.
• North Carolina Gen. Stat. § 28A-5-1 (Renunciation by executor) – Allows a named executor to renounce; provides timing for implied renunciation.
• North Carolina Gen. Stat. § 28A-5-2 (Renunciation of right to administer) – Defines express and implied renunciation by would-be administrators and the clerk’s authority after 90 days.
• North Carolina Gen. Stat. § 28A-2A-2 (Offering a will for probate) – Sets the executor’s 60-day duty to present the will and authorizes interested persons to act if they do not.

Analysis

Apply the Rule to the Facts: Because you and a sibling are heirs and the will you have lacks an executor provision, you can apply to serve. If the missing pages mean no executor can qualify, the clerk can appoint an administrator c.t.a. using the priority in § 28A‑4‑1. You do not have to sign a renunciation just because a relative asked; instead, you may file your application and the clerk will require any higher or equal-priority persons to renounce or be noticed. Your beneficiary status on a life insurance policy does not control estate appointment.

Process & Timing

1. Who files: You (as an heir or devisee). Where: Clerk of Superior Court (Estates Division) in the North Carolina county where the decedent was domiciled. What: If a will likely exists but no executor can serve, file AOC-E-201 (Application for Probate and Letters) and request Letters of Administration c.t.a.; if no will can be probated, file AOC-E-202 (Application for Letters of Administration). Include the original will if available and a death certificate. When: You may file now; if a named executor has not acted within 60 days, you (as an interested person) may offer the will for probate.
2. The clerk reviews priority and qualifications. If others have equal or higher priority and have not renounced, the clerk typically requires written renunciations (AOC-E-200) or sends 15-day notices before issuing letters. Expect to post bond unless an exception or waiver applies. Nonresidents must appoint a resident process agent (AOC-E-500).
3. After any required renunciations/notices, bond, and oath (AOC-E-400), the clerk issues Letters of Administration c.t.a. (if a valid will without a serving executor) or Letters of Administration (if intestate). You can then gather assets, publish notice to creditors, and administer the estate.

Exceptions & Pitfalls

• If a complete will surfaces naming a qualified executor or successor executor, that person may supersede your application unless they renounce.
• Signing a renunciation gives up your appointment right and can allow the renouncing person to nominate someone else with the same priority; do not sign unless you intend to step aside.
• Disqualifications (e.g., under 18, certain felonies without restored citizenship, failure to appoint a resident agent if you live out of state) can bar appointment.
• Bond: Resident administrators c.t.a. may obtain waivers from adult beneficiaries; nonresident appointees generally must post bond.
• Life insurance usually passes outside probate to the named beneficiary; disputes over those proceeds do not determine who administers the estate.
• If the will’s validity is challenged (caveat), distributions pause during the case, but the personal representative still preserves assets and handles allowed payments.

Talk to a Probate Attorney

If you’re dealing with a missing-executor situation and a relative is pressuring you to renounce, 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.