What rights do co-executors have to access their share of estate property when another co-executor blocks them in North Carolina?
1. Detailed Answer
When two or more individuals serve as co-executors (also called personal representatives) of an estate in North Carolina, they share authority to collect, manage, and distribute estate assets under Chapter 28A of the North Carolina General Statutes. Each co-executor can act individually on routine matters, but major decisions generally require agreement or a court order.
If one co-executor prevents another from accessing estate property or information, the blocked co-executor has legal remedies. North Carolina law grants every personal representative the right to inspect estate assets, review financial records, and participate in administration. Specifically, N.C. Gen. Stat. § 28A-14-1 authorizes a personal representative to take possession of property. N.C. Gen. Stat. § 28A-14-3 lists duties including making inventories and accounting.
When a co-executor blocks another, the blocked party may petition the clerk of superior court in the probate district where the estate is administered. The petition can request:
- An order compelling the blocking co-executor to allow access to estate property and records.
- A formal accounting from the other representative under N.C. Gen. Stat. § 28A-17-1.
- Instructions from the court to resolve disagreements over administration.
- Removal of a co-executor for failure to perform duties if misconduct or neglect is proven (N.C. Gen. Stat. § 28A-12-1).
If urgent action is needed—such as preventing waste or dissipation of assets—a co-executor may ask the court for a temporary restraining order or injunction. The clerk can set a hearing where both representatives present evidence and the court decides what actions protect the estate.
Once the court issues an order, co-executors must comply. Failure to do so can lead to contempt proceedings. In all stages, North Carolina courts aim to ensure fair, efficient distribution under the will or under intestacy rules (N.C. Gen. Stat. § 28A-5-1).
2. Key Points to Remember
- Each co-executor has equal statutory authority to collect and manage estate assets.
- N.C. Gen. Stat. § 28A-14 empowers personal representatives to inspect property and records.
- A co-executor can petition probate court for an order compelling access and accounting.
- Courts can remove a co-executor for misconduct or failure to perform duties.
- Temporary orders or injunctions can protect assets from misuse or concealment.
If you face a situation where a co-executor blocks your access to estate property or records, you don’t have to handle it alone. Pierce Law Group has experienced attorneys ready to guide you through probate court petitions, accountings, and, if needed, removal proceedings. Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055. Let our team protect your rights and help you fulfill your duties efficiently.
