Do I need a separate nomination document to name the person I want to serve as executor, or can that be included with the renunciation? – North Carolina

Short Answer

In North Carolina, a person named as executor who plans to step aside can usually handle both steps in writing: renounce the right to qualify and, if the will expressly gives that power, nominate another qualified person in the same filing. In practice, the Clerk of Superior Court often accepts a renunciation form plus a written nomination, and the nomination may be included in the same document if it is clear, signed, and properly acknowledged. The key is that the will must authorize the nomination and the paperwork must be filed before the renouncing executor starts acting as executor.

Understanding the Problem

In North Carolina probate, can a person named as executor in a will renounce the appointment and, at the same time, name a different person to serve as executor without preparing a separate nomination document? The decision point is whether the renunciation paperwork can also include the nomination when the will authorizes the named executor to appoint another person. The timing trigger is when the renouncing executor files with the Clerk of Superior Court and whether any executor duties have already been taken on.

Apply the Law

North Carolina allows an executor named in a duly probated will to renounce the office by filing a signed and properly acknowledged writing with the Clerk of Superior Court. When the will expressly grants the named executor authority to nominate someone else, the nominee can receive the same priority to be appointed that the renouncing executor would have had. Practically, the Clerk’s focus is whether the renunciation is valid, whether the will truly grants nomination authority, and whether the proposed nominee is qualified to serve.

Key Requirements

Valid renunciation filing: The renunciation should be in writing, clearly state the intent to renounce the right to qualify, and be signed and acknowledged (or otherwise proved) to the Clerk of Superior Court.
Authority to nominate: The will must expressly authorize the named executor to nominate another person; without that express authority, the Clerk generally follows the statutory priority rules for who may serve.
Clear written nomination of a qualified person: The nomination should identify the nominee and clearly request appointment; the nominee must still meet qualification requirements and complete the usual application/qualification steps before letters issue.

What the Statutes Say

N.C. Gen. Stat. § 31B-1.1 (Right of fiduciary to renounce) – Allows a fiduciary to renounce fiduciary rights and powers unless the governing instrument provides otherwise, and sets baseline content requirements for a renunciation instrument.
N.C. Gen. Stat. § 31B-2.1 (Delivery of instrument of renunciation) – Explains who should receive a copy of a renunciation in different situations and how delivery can affect later disputes.

Analysis

Apply the Rule to the Facts: Here, the named executor plans to renounce and the will expressly authorizes that executor to appoint another person to serve. Because the will grants nomination authority, the nomination can typically be made in the same written filing as the renunciation, as long as the document clearly (1) renounces the right to qualify and (2) nominates the substitute, and it is properly signed and acknowledged for filing with the Clerk of Superior Court. If the renouncing executor has already started acting as executor, the Clerk may treat the situation differently and may require a different process.

Process & Timing

Who files: The named executor who is stepping aside. Where: The Clerk of Superior Court (Estates) in the county where the estate is opened in North Carolina. What: A written renunciation (often on AOC-E-200) and a written nomination of the proposed executor (either included in the same signed/acknowledged document or attached as a separate signed writing). When: File before taking steps that look like acting as executor, and as early as possible after the will is admitted to probate.
Clerk review: The Clerk typically checks the will language for express nomination authority, confirms the renunciation is properly executed, and confirms the nominee is eligible and willing to qualify.
Nominee qualifies and letters issue: The nominee completes the qualification process and, if approved, the Clerk issues letters (usually letters testamentary if the nominee is treated as a successor executor under the will’s authority, or letters of administration with the will annexed if the appointment proceeds under the default priority rules).

Exceptions & Pitfalls

No express nomination power in the will: If the will does not clearly grant authority to nominate, the Clerk generally will not treat the nominee as having the renouncing executor’s priority, and additional renunciations or consents from higher-priority people may be required.
Unclear or incomplete writing: A renunciation that does not clearly identify what is being renounced, or a nomination that does not clearly request appointment of a specific person, can cause the Clerk to reject the filing or require corrected paperwork.
Acting before renouncing: Taking steps that look like serving as executor can complicate a later attempt to step aside and may trigger a different procedure than a simple pre-qualification renunciation.
Notice/delivery issues: Even when a renunciation is valid, failing to deliver copies to the right people can create avoidable disputes later, especially if someone claims prejudice or breach of duty.

Conclusion

In North Carolina, a named executor can usually renounce and nominate a replacement without a separate nomination document when the will expressly authorizes that nomination and the writing is clear, signed, and properly acknowledged for filing with the Clerk of Superior Court. The safest approach is to file a written renunciation that also states the nomination (or attach a separate written nomination) before taking any executor actions. Next step: file the renunciation-and-nomination paperwork with the Clerk of Superior Court where the estate is opened as soon as possible after probate begins.

Talk to a Probate Attorney

If a named executor needs to renounce and the will allows a nomination of a replacement, our firm has experienced attorneys who can help prepare the filing, confirm the will language supports the nomination, and keep the estate on track with the Clerk of Superior Court. 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.