Can I be disqualified from serving as personal representative of our parent’s estate if I have a felony? – North Carolina

Short Answer

Yes—under North Carolina law, a person convicted of a felony is disqualified from serving as personal representative if their citizenship rights have not been restored. If your rights have been restored, a felony alone does not automatically bar you, but the Clerk of Superior Court can still deny appointment if you are “otherwise unsuitable” or another statutory disqualification applies.

Understanding the Problem

You want to know whether a past felony blocks you from serving as personal representative in North Carolina. The issue matters because your family is weighing next steps, and the deed lists the decedent and an ex-spouse, which may affect title and how real estate is handled. This question determines who can open the estate and who will have authority to address debts, title, and any sale options.

Apply the Law

In North Carolina, the Clerk of Superior Court appoints the personal representative. A person with a felony is disqualified unless their citizenship rights have been restored. Even with restoration, the Clerk may refuse appointment if the person is “otherwise unsuitable,” or if another listed disqualification applies (for example, under age 18, adjudicated incompetent, certain nonresident issues, or loss of rights under the slayer statute). The forum is the Clerk of Superior Court in the county of domicile, and disputes over appointment or removal are handled as estate proceedings, with short appeal timelines.

Key Requirements

• Felony and restoration: A felony conviction disqualifies you unless your citizenship rights have been restored; proof of restoration is typically required.
• Suitability to serve: The Clerk may find an applicant “otherwise unsuitable,” including where conflicts or strained relationships would likely hinder fair administration.
• Other statutory bars: Under-18, adjudicated incompetent, certain nonresident issues without a resident process agent, and other listed categories also disqualify.
• Priority vs. qualification: Priority to serve matters only after you are legally qualified; qualification comes first.
• Oath and bond: If appointed, you must take an oath and may need a bond unless an exception applies.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-4-2 (Who is disqualified) – Lists disqualifications, including felony without restored citizenship and “otherwise unsuitable.”
• North Carolina Gen. Stat. § 28A-4-1 (Priority for appointment) – Sets who has priority to receive letters, assuming they are qualified.
• North Carolina Gen. Stat. § 28A-9-1 (Revocation of letters) – Allows removal if a representative is disqualified or otherwise unsuitable.
• North Carolina Gen. Stat. § 28A-6-4 (Contesting issuance of letters) – Lets an interested person contest appointment before letters issue.

Analysis

Apply the Rule to the Facts: If you have a felony and your citizenship rights have not been restored, you cannot be appointed. If they have been restored, the felony alone will not bar you, but the Clerk will still evaluate suitability and other statutory disqualifications. Because the deed lists the decedent and an ex-spouse, the personal representative’s authority could be important to resolve title and creditor issues even if family members consider a sale or partition later.

Process & Timing

1. Who files: The applicant for appointment (or an interested person contesting another’s appointment). Where: Clerk of Superior Court in the North Carolina county where the decedent was domiciled. What: AOC-E-201 (testate) or AOC-E-202 (intestate), plus AOC-E-400 (oath); nonresidents file AOC-E-500 (resident process agent). When: File as soon as ready; if contesting, file the petition before letters are issued.
2. Clerk review and decision. If the application shows a felony, provide proof of restoration of citizenship. If there are concerns about suitability, the Clerk may hold a hearing; timeframes vary by county.
3. If letters are issued or denied, an aggrieved party may appeal to Superior Court. Appeal is on the record and must be filed within 10 days after service of the Clerk’s order.

Exceptions & Pitfalls

• Restoration proof: Without documentation of restored citizenship rights, a felony disqualifies you.
• “Otherwise unsuitable”: Conflicts with heirs, antagonistic interests, or prior disputes can lead the Clerk to deny or later revoke letters.
• Nonresident trap: If you live outside North Carolina, you must appoint a resident process agent before letters will issue.
• Real estate timing: If the estate needs to pay debts, the personal representative’s sale process may take priority. A separate partition case by heirs may be delayed or complicated while creditor issues are addressed.
• Contesting window: Objections to someone else’s appointment should be filed before letters are issued; once issued, removal requires a separate proceeding.

Talk to a Partition Action Attorney

If you’re dealing with who can serve as personal representative and how that affects a potential real estate sale or partition, 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.