Detailed Answer
When a person passes away with a valid will in North Carolina, the named executor (also called a personal representative) must complete several court forms and meet bond requirements before handling estate assets. Below is an overview of each step, the forms you’ll need, and how to waive bond when allowed under North Carolina law.
1. Petition for Letters Testamentary
Start by filing the Petition for Probate of Will and for Letters Testamentary (Form AOC-E-300) with the clerk of superior court in the county where the decedent lived. Attach:
- The original will
- A certified copy of the death certificate
North Carolina General Statute § 28A-15-1 grants the clerk authority to issue letters testamentary once the petition is in order. N.C.G.S. § 28A-15-1
2. Oath of Personal Representative
Before you receive authority to act, you must swear the oath required by N.C.G.S. § 28A-2-8. File the Oath by Personal Representative (Form AOC-E-410) with the clerk. This oath affirms you will manage estate assets faithfully. N.C.G.S. § 28A-2-8
3. Bond Requirement and Waiver
Under default rules, the clerk sets a bond amount to protect creditors and beneficiaries. You secure this by filing Bond (Form AOC-E-350) with a surety company. The requirement comes from N.C.G.S. § 28A-15-2. N.C.G.S. § 28A-15-2
You may waive bond if either:
- The will explicitly waives bond for the executor; or
- All heirs and devisees sign a waiver under N.C.G.S. § 28A-15-3.
To document this, file Waiver of Bond (Form AOC-E-345) signed by each beneficiary. N.C.G.S. § 28A-15-3
4. Acceptance of Appointment and Letters Testamentary
After filing the oath and bond or waiver, submit the Acceptance of Appointment (Form AOC-E-405). Once the clerk reviews all paperwork, the court issues Letters Testamentary (Form AOC-E-200). These letters give you the legal authority to collect assets, pay debts, and distribute property under the will.
Key Takeaways
- Use Form AOC-E-300 to petition for letters testamentary.
- File the original will and certified death certificate.
- Take the oath on Form AOC-E-410 per N.C.G.S. § 28A-2-8.
- Secure bond with Form AOC-E-350, unless waived.
- Document a bond waiver on Form AOC-E-345 if the will allows or beneficiaries agree.
- File the acceptance form (AOC-E-405) and receive Letters Testamentary (AOC-E-200).
- Consult statutes at ncleg.gov to confirm filing requirements and deadlines.
Appointing an executor in North Carolina requires precise paperwork and compliance with bond rules. Pierce Law Group’s experienced attorneys guide you through every step—from drafting and filing forms to obtaining Letters Testamentary. Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055.
