Short Answer

In North Carolina, an interested person can ask the Clerk of Superior Court to remove or suspend a personal representative (executor/administrator), compel inventories and accounts, and order recovery of estate property. Monetary claims (for example, breach of fiduciary duty, fraud, conversion) must be filed as a civil action in Superior Court. For agents under a power of attorney, you may petition the clerk to compel an accounting or limit/terminate the agent’s authority, and sue in Superior Court for damages and equitable remedies. If the spouse intentionally caused the decedent’s death, North Carolina’s slayer law can bar inheritance and service as personal representative.

Understanding the Problem

You want to know whether, in North Carolina, you can take legal action when an estate’s executor mishandles the estate or when an agent under a power of attorney misused authority. The core decision is: can you (and how do you) challenge the fiduciary’s conduct—before the Clerk of Superior Court or in Superior Court—and what relief is available now that the death occurred two years ago? One critical fact here is that the spouse held power of attorney and you suspect medication overuse before death.

Apply the Law

North Carolina divides these matters between estate proceedings before the Clerk of Superior Court and civil actions in Superior Court. The clerk handles probate supervision, including removal or suspension of a personal representative, compelling accountings, and certain estate proceedings (like determining rights or whether someone holds estate property). Claims for money damages—such as breach of fiduciary duty, fraud, negligence, or conversion—must be brought in Superior Court. For power of attorney issues, you can petition the clerk to compel an accounting, limit or terminate the agent’s authority, or determine powers; if you seek monetary relief, you sue in Superior Court. A “slayer” (one who unlawfully and intentionally kills the decedent) is barred from inheriting or serving; that determination can be sought in an estate proceeding or via a declaratory judgment action. Parties may transfer certain estate proceedings to Superior Court by serving a notice of transfer within 30 days of service of the initiating pleading.

Key Requirements

• Standing: You must be an interested person (such as an heir, devisee, creditor, or personal representative) to petition the clerk or file a related action.
• Executor misconduct: Show default, misconduct, conflict of interest, or other statutory grounds to remove/suspend an executor and to compel inventories/accounts.
• Recovery of estate property: Use an estate proceeding to examine holders of estate assets; sue in Superior Court to recover property and for tort-based relief.
• Agent (POA) oversight: Petition the clerk to compel an accounting or limit/terminate authority; bring Superior Court claims for breach of fiduciary duty with remedies like restoration, surcharge, constructive trust, and other equitable relief.
• Slayer rule: If the spouse unlawfully and intentionally caused the death, seek a ruling barring inheritance and service; culpable negligence alone is not enough.
• Forum and timing: Estate oversight starts with the Clerk of Superior Court; serve any notice of transfer to Superior Court within 30 days after service of the petition.

What the Statutes Say

• N.C. Gen. Stat. § 28A-9-1 (Revocation of letters) – Grounds and procedure to remove or suspend a personal representative.
• N.C. Gen. Stat. § 32C-1-116 (Judicial relief under powers of attorney) – Clerk proceedings to compel accounting, construe authority, or limit/terminate an agent’s powers.
• N.C. Gen. Stat. § 32C-1-117 (Agent’s liability and remedies) – Defines breach and available court remedies; fees may be awarded in breach cases.
• N.C. Gen. Stat. § 31A-3 (Slayer defined) – Bars an unlawful and intentional killer from inheriting or serving; sets the framework for disqualification.

Analysis

Apply the Rule to the Facts: Because the spouse acted as agent before death and you suspect harmful overmedication, you can petition the clerk to compel the agent’s accounting and to determine the agent’s authority and conduct, while pursuing any monetary breach-of-duty claims in Superior Court. If the spouse is also the current personal representative and you see default, misconduct, or conflicts, you can seek removal and court-ordered accountings. If evidence supports an intentional, unlawful killing, a slayer ruling can bar the spouse from inheriting or serving in the estate.

Process & Timing

1. Who files: An interested person (e.g., heir/devisee/creditor) or the personal representative. Where: Clerk of Superior Court in the county where the estate is administered (for estate proceedings) or Superior Court (for damages claims). What: Verified petition to remove/suspend the personal representative; petition to compel a POA accounting or limit/terminate authority; complaint in Superior Court for breach and equitable relief. When: To move an eligible estate proceeding to Superior Court, serve a notice of transfer within 30 days after service of the petition.
2. For recovery of estate assets, begin with an estate proceeding to examine anyone believed to hold estate property; if you seek damages or broader remedies, file a civil action in Superior Court. County practice varies on hearing scheduling; expect the clerk to set a noticed hearing and apply the Rules of Evidence.
3. For a slayer determination, file either an estate proceeding (to determine rights and disqualification) or a declaratory judgment action in Superior Court. If the suspected slayer is serving, seek immediate limitations, suspension, or removal and appointment of a neutral personal representative.

Exceptions & Pitfalls

• Money-damages claims (breach of fiduciary duty, fraud, negligence, conversion) belong in Superior Court, not before the clerk.
• If you are disinherited, your standing to pursue agent misconduct after death often runs through the personal representative; if the current personal representative will not act, consider seeking removal or your own appointment.
• For slayer issues, culpable negligence is not enough; the statute targets unlawful and intentional killing. The court may require strong evidentiary showings.
• Missing the 30-day transfer window waives objection to the clerk hearing a transferable estate proceeding.
• Wrongful death proceeds are handled separately from general estate assets; distribution and accounting rules differ and can affect strategy.

Talk to a Probate Attorney

If you’re dealing with suspected executor or power of attorney misconduct and need to protect an estate, 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.