Short Answer

In North Carolina, you challenge a forged renunciation and seek removal by filing a verified petition with the Clerk of Superior Court to revoke your sibling’s letters of administration. The clerk can revoke letters if they were issued based on false representations (like a forged renunciation) or for fiduciary misconduct, and may appoint you if you have statutory priority and are suitable. You can also ask the clerk to compel records, increase bond, and temporarily restrict the administrator’s authority while the case is heard.

Understanding the Problem

You are an intestate heir in North Carolina asking whether you can overturn a renunciation you say was forged and remove your sibling as administrator. You want the Clerk of Superior Court to revoke your sibling’s letters and appoint you instead. One key fact: there are pending criminal charges for forgery of your signature on the renunciation form.

Apply the Law

North Carolina gives the Clerk of Superior Court original jurisdiction over estate administration. Intestate heirs have an order of priority to serve as administrator. If letters were issued because of a forged renunciation or other misrepresentation, an interested person may petition to revoke those letters. Administrators must gather estate property, file timely inventories and accounts, and provide information; failure or refusal can support removal. Proceedings are filed as estate proceedings before the clerk in the county with venue.

Key Requirements

• Standing and priority: You must be an interested person (e.g., an intestate heir) with a statutory right to serve, subject to the clerk’s best‑interest determination.
• Grounds to revoke letters: Issuance obtained by false representation or mistake (e.g., forged renunciation), fiduciary misconduct or default, disqualification/unsuitability, or a private interest that hinders fair administration.
• Evidence: Provide proof of forgery or falsity, plus omissions or refusals to perform duties (missing records, incomplete inventory, excluded assets).
• Clerk’s tools: The clerk may suspend or restrict the administrator, order production of records, compel inventory/accountings, increase bond, and appoint a successor.
• Forum and timing: File in the Clerk of Superior Court where the estate is administered; a 90‑day statutory inventory period applies after qualification. County scheduling practices vary.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-9-1 (Revocation after hearing) – Clerk may revoke letters for disqualification, issuance by false representation or mistake, misconduct, or conflicting private interest.
• North Carolina Gen. Stat. § 28A-4-1 (Priority to serve) – Sets the order of priority for appointment of an administrator in intestacy.
• North Carolina Gen. Stat. § 28A-5-2 (Implied renunciation) – Provides notice and timing rules, including when the clerk may treat prior rights as renounced.
• North Carolina Gen. Stat. § 28A-15-12 (Proceeding to discover assets) – Allows orders compelling third parties to produce estate property or information.

Analysis

Apply the Rule to the Facts: As an intestate heir, you have standing and priority to seek appointment. A forged renunciation is a false representation supporting revocation of your sibling’s letters, especially with pending forgery charges. The administrator’s omission of potential estate-related assets and refusal to provide records indicates possible misconduct or default in duties, reinforcing removal. If the clerk revokes the letters, the clerk may appoint you if you are qualified and best suited, subject to bond.

Process & Timing

1. Who files: An intestate heir (you). Where: Clerk of Superior Court, Estates Division, in the North Carolina county where the estate is administered. What: Verified petition to revoke letters and remove administrator; request suspension, bond increase, and orders to produce records; serve an Estate Proceeding Summons (AOC‑E‑102). You may reference the forged renunciation (often AOC‑E‑200) and the application for letters (AOC‑E‑202). When: File as soon as you learn of the forgery or misconduct; the 90‑day inventory deadline after qualification is a key checkpoint.
2. After service, the clerk will calendar a hearing. You can seek interim relief (e.g., limits on the administrator’s authority, orders to produce bank, tax refund, and insurance records, or to increase bond). Timing varies by county but hearings are often set within weeks.
3. If letters are revoked, the clerk orders turnover of estate property and records, requires a final account from the removed administrator, and issues new letters to the successor (often to the petitioner with priority if qualified and suitable). Expect a bond determination and follow‑on inventory/accounting deadlines.

Exceptions & Pitfalls

• If more than 90 days pass without a higher‑priority person applying, the clerk may treat prior rights as renounced; however, a forged renunciation undermines any claim that you truly renounced.
• Survivorship and beneficiary‑designated assets are typically nonprobate and may not appear on the inventory, but records are still relevant; some nonprobate assets can be reached to pay valid estate debts under specific statutes.
• Venue and notice matter; file in the correct county and ensure proper service to avoid delays.
• Criminal charges can support your civil petition, but do not wait for the criminal case to conclude; the clerk can act on civil evidence.
• Ask early for bond review or increase to protect the estate while the petition is pending.

Talk to a Probate Attorney

If you’re dealing with a forged renunciation and a mishandled 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.