How can I challenge my sibling’s forged renunciation to become the estate administrator? – North Carolina

Short Answer

In North Carolina, a forged “renunciation” (and related bond waiver) should be raised with the Clerk of Superior Court in the county where the estate is open. The usual path is to file a motion or petition in the estate file (often as a contested estate proceeding) asking the clerk to set aside the administrator’s appointment and appoint the proper person, and to order the administrator to comply with inventory and accounting duties. Because a personal representative must file an inventory within three months after qualification, missing filings and refusal to share information can also support a request for a show-cause hearing and possible removal.

Understanding the Problem

In a North Carolina intestate estate, the Clerk of Superior Court appoints an administrator and issues letters of administration. When a sibling becomes administrator by filing paperwork that includes a renunciation or bond waiver that is not actually signed by the person named, the question becomes whether the clerk can be asked to undo that appointment and put the correct administrator in place. The key trigger is the filing and acceptance of the renunciation and related qualification documents in the estate file.

Apply the Law

North Carolina treats the appointment and supervision of an estate administrator as a clerk-supervised process. If a renunciation of the right to qualify is used to move someone else into the priority position to serve, it must be a signed writing that is acknowledged or otherwise proved to the clerk’s satisfaction. Separately, once an administrator qualifies, North Carolina requires a timely inventory and later accountings; failure to file required documents can trigger clerk orders to file, show-cause hearings, and removal proceedings.

Key Requirements

Show the appointment relied on invalid paperwork: The challenge should focus on whether the renunciation (and any bond waiver) filed with the clerk was genuinely signed and properly acknowledged/proved, or whether it was forged or otherwise not valid.
Use the correct forum and procedure: Estate administration disputes are handled through the Clerk of Superior Court in the estate file, and if the matter is contested, it is typically handled as a “contested estate proceeding” with formal notice and a hearing.
Connect the misconduct to clerk-supervised duties: Evidence that the administrator has not filed the required inventory and is withholding estate information can support a clerk order to file, a show-cause hearing, and possible removal, while the forged-renunciation issue is being addressed.

What the Statutes Say

N.C. Gen. Stat. § 31B-1 (Renunciation of succession) – Requires a written renunciation instrument that is signed and acknowledged, and describes what must be included.
N.C. Gen. Stat. § 29-10 (Renunciation of intestate share) – Provides that renunciation of an intestate share is handled under Chapter 31B.
N.C. Gen. Stat. § 1-301.1 (Appeal of clerk’s decision) – Allows an appeal of certain clerk orders to a judge within 10 days in covered matters.

Analysis

Apply the Rule to the Facts: The reported problem is that a sibling qualified as administrator by filing a renunciation and bond waiver that were forged. Under North Carolina practice, a renunciation used to clear the way for another administrator must be a signed writing that the clerk can accept as genuine; a forged signature undercuts that foundation. The refusal to provide inventory and financial records also matters because North Carolina requires a personal representative to timely prepare and file estate reports with the clerk, and persistent noncompliance can support clerk intervention and possible removal.

Process & Timing

Who files: An heir or other “interested person.” Where: The Clerk of Superior Court (Estates Division) in the county where the estate is opened in North Carolina. What: A written motion/petition in the estate file asking the clerk to (a) determine the renunciation/bond waiver is not valid due to forgery, (b) set aside or revisit the appointment/qualification based on that defect, and (c) appoint the proper administrator based on priority. If the matter is disputed, it may need to be filed and served as a contested estate proceeding (the clerk’s office commonly uses AOC Estate Proceeding forms, including an Estate Proceeding Summons). When: As soon as the forgery is discovered, because estate assets can be collected, spent, or distributed while the appointment remains in place.
Build proof for the hearing: Common proof includes a copy of the filed renunciation/waiver from the estate file, genuine signature examples, and a sworn statement explaining that the signature is not genuine (and any facts showing who had access to the paperwork). The clerk can require the renunciation to be “acknowledged or proved,” so evidence about notarization, witnesses, or lack of proper acknowledgement can be important.
Ask for compliance orders while the challenge is pending: If the administrator has not filed the required inventory, request that the clerk issue an order to file and set a show-cause hearing. If the administrator is removed, the clerk can appoint a successor, and the removed administrator can still be required to account for estate assets turned over to the successor.

Exceptions & Pitfalls

Different “renunciations” get confused: Renouncing an inheritance interest (Chapter 31B) is not the same thing as renouncing the right to serve as administrator. Both can appear in an estate file, and a challenge should identify exactly which document was forged and how it affected the clerk’s appointment decision.
Delay can create practical damage: Even if the clerk later corrects the appointment, delay can allow assets to be moved, debts paid without documentation, or records to go missing. Prompt filing also helps support requests for temporary restrictions and compliance orders.
Service and “contested estate proceeding” rules matter: If the sibling disputes the forgery, the clerk may require the matter to proceed with formal summons/service and a hearing schedule. Filing the right paperwork in the right format is often the difference between getting a hearing quickly and getting stalled.
Do not rely on informal document demands: Many heirs ask the administrator for bank statements and insurance information, but the more effective step is to push clerk-supervised inventory/accounting compliance and, if needed, removal for failure to perform duties.

Conclusion

In North Carolina, the way to challenge a sibling’s forged renunciation used to obtain letters of administration is to bring the issue to the Clerk of Superior Court in the estate file and request a hearing to set aside the appointment and appoint the proper administrator. The challenge should focus on whether the renunciation and any bond waiver were genuinely signed and properly acknowledged or proved. A key deadline to track is the inventory due within three months after qualification; the next step is to file a petition in the estate file seeking relief from the clerk.

Talk to a Probate Attorney

If a forged renunciation or bond waiver was used to put the wrong person in charge of a North Carolina estate, experienced counsel can help file the proper estate proceeding, get a prompt clerk hearing, and push for required inventories and accountings. 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.