Detailed Answer

When someone accepts the role of personal representative, North Carolina law obligates them to file the original will with the clerk of superior court. The filing must occur promptly after the personal representative qualifies by taking an oath and posting any required bond.

Under N.C. Gen. Stat. §28A-6-2, a personal representative must “file the will” upon qualification. You can review the statute here: N.C. Gen. Stat. §28A-6-2. This requirement ensures the court oversees the estate and protects the interests of heirs and creditors.

If the personal representative refuses to file the will, you have several options:

• Send a written demand. Draft a formal letter asking the personal representative to file the will within a set time.
• Petition to compel filing. Under N.C. Gen. Stat. §28A-6-6, any interested person may ask the clerk to order production of a will that the personal representative knowingly withholds. Read the statute here: N.C. Gen. Stat. §28A-6-6.
• Seek removal for neglect of duty. If the personal representative willfully neglects to file the will, you can petition the court to remove them under N.C. Gen. Stat. §28A-12-3. Find the removal statute here: N.C. Gen. Stat. §28A-12-3.
• Request surcharge. The court may hold a personal representative financially responsible if their refusal to file the will causes loss or delay to the estate. You can ask the court to surcharge the representative for any harm suffered.
• Ask for appointment of a new personal representative. If the court removes the current representative, it may appoint a successor who will administer the estate properly.

Timing is crucial. The sooner you act, the better you protect estate assets and honor the decedent’s final wishes. Courts expect parties to move without undue delay when a personal representative neglects required duties.

Key Steps to Take

• Verify qualification: Confirm the personal representative took the oath and posted any bond.
• Issue a demand letter: State a clear deadline to file the will.
• File a petition to compel: Use N.C. Gen. Stat. §28A-6-6 to force production of the will.
• Move for removal: Invoke N.C. Gen. Stat. §28A-12-3 to remove a neglectful personal representative.
• Seek surcharge: Ask the court to recover any losses caused by the delay.
• Request successor appointment: Ensure someone capable takes over administration.

Conclusion and Call to Action

Allowing a personal representative to ignore the duty to file a will can stall the entire probate process. Pierce Law Group’s attorneys have handled these issues for clients across North Carolina. We stand ready to guide you through petitions, hearings, and any challenges you face.

Contact Pierce Law Group today by email at intake@piercelaw.com or call us at (919) 341-7055 to discuss your situation and protect your rights under North Carolina probate law.