Short Answer

Yes—if you are an “interested person” under North Carolina law. Heirs, devisees named in a will, and trust beneficiaries generally have standing to seek court orders against a trustee (for information, accountings, or removal) and to start or participate in probate. If a sibling claims to be executor but has not qualified with the Clerk of Superior Court, you may petition to open probate yourself and, once someone is appointed, seek court oversight or removal for cause.

Understanding the Problem

In North Carolina, can you, as the decedent’s child, ask the court to (1) compel a trustee to provide information or an accounting and, if needed, seek removal; and (2) address a sibling who claims to be executor but has not filed the will or opened an estate with the Clerk of Superior Court? Here, the sibling has not filed anything with the court.

Apply the Law

North Carolina gives “interested persons” access to the courts in both estate and trust matters. For trusts, beneficiaries may petition the Clerk of Superior Court for information, accountings, and relief up to and including removal; monetary damages claims go to Superior Court. For estates, probate begins only when someone qualifies as personal representative. If a named executor does nothing, an interested person can apply to probate the will after a short waiting period and seek appointment. A will can be challenged by caveat after it is admitted to probate, subject to a deadline.

Key Requirements

• Interested person: You must have a direct stake (for example, as an heir, a devisee under a will, or a trust beneficiary).
• Right forum: File trust administration issues with the Clerk of Superior Court (damages in Superior Court); file estate matters with the Clerk of Superior Court in the county of the decedent’s domicile.
• Trustee duties: A trustee must act in good faith and keep beneficiaries reasonably informed; courts can compel accountings and, if needed, remove a trustee.
• Opening probate: If the named executor does not apply within a short window, a devisee or other interested person may apply to probate the will and seek letters after giving notice to the named executor.
• Will challenges: A will can be contested only after probate, and there is a firm time limit to file the challenge.

What the Statutes Say

• N.C. Gen. Stat. § 36C-8-813 (Trustee duty to inform and report) – Beneficiaries are entitled to information; courts can compel reporting.
• N.C. Gen. Stat. § 36C-7-706 (Removal of trustee) – Beneficiaries may seek removal for serious breach, unfitness, or failure to administer effectively.
• N.C. Gen. Stat. § 28A-2A-2 (Who may apply for probate) – If the named executor does not apply, a devisee or other interested person may apply after notice.
• N.C. Gen. Stat. § 31-32 (Caveat to will) – Only interested parties can file a caveat; strict time limits apply after probate.

Analysis

Apply the Rule to the Facts: As the decedent’s child, you are an interested person. If you are also a trust beneficiary, you may petition the Clerk to compel the trustee to provide information and an accounting, and request removal if the trustee isn’t fulfilling duties. Because your sibling has not qualified as executor, there is no personal representative to challenge yet; you may apply to probate the will and seek appointment yourself after the statutory waiting period, then use court oversight if the appointed representative fails in their duties.

Process & Timing

1. Who files: Trust beneficiary or heir/devisee. Where: Trustee issues—Clerk of Superior Court where the trust is administered or where a beneficiary resides; Estate issues—Clerk of Superior Court in the decedent’s county of domicile. What: Trust—verified petition to compel information/accounting and, if needed, to remove trustee (no standard AOC form); Estate—AOC-E-201 (Application for Probate and Letters) or a verified petition for probate in solemn form if a binding determination is needed; use AOC-E-102 (Estate Proceeding Summons) for contested estate petitions. When: If a named executor has not applied, a devisee or other interested person may apply after the initial waiting period and with required notice to the named executor.
2. After filing, the Clerk issues the appropriate summons. Serve respondents under Rule 4. The Clerk sets a hearing (timelines vary by county). In trust matters, the Clerk can order the trustee to account and may remove or otherwise direct administration; damages claims, if any, proceed in Superior Court.
3. Final outcome: Estate—issuance of letters (appointing a personal representative) or orders on any contested petition; Trust—order compelling information/accounting and, if warranted, removal and appointment of a successor trustee.

Exceptions & Pitfalls

• You cannot “remove” an executor who has not qualified; instead, apply to open probate and seek appointment, then use removal procedures if the appointed representative later violates duties.
• A will contest (caveat) can be filed only after the will is admitted to probate—and it has a strict deadline.
• Trust damages (like breach-of-fiduciary-duty money claims) must be filed in Superior Court; administrative requests (accounting, removal) go to the Clerk.
• Venue matters in trust cases; if the trust’s principal place of administration is in another state, the Clerk may decline jurisdiction over objection.
• Use the Estate Proceeding Summons and proper Rule 4 service; missing service can delay or derail relief.

Talk to a Probate Attorney

If you’re dealing with a silent trustee or a sibling acting like an executor without opening probate, 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.