Short Answer

In North Carolina, you cannot name a law firm as your executor. Executors must be qualified individuals or a licensed trust institution. You can (and should) name a trusted person—such as an attorney you know—or a corporate trustee, and authorize that executor to hire your preferred law firm to help with the estate and any VA-related claims. The Clerk of Superior Court must qualify the executor before they can act.

Understanding the Problem

You want to update an old will and have a law firm manage your estate and handle your VA benefits after death under North Carolina law. Can you name the firm as executor, or do you need to choose an eligible person or institution to serve and then allow that executor to hire the firm?

Apply the Law

North Carolina lets you choose your executor, but only if the nominee is legally eligible and then qualifies before the Clerk of Superior Court. A law firm is not an eligible executor. Instead, you may name a qualified individual (age 18+, competent, not otherwise disqualified) or a licensed trust institution. If your chosen executor lives out of state, they must appoint a North Carolina process agent to accept legal papers. After qualification, the executor applies for Letters Testamentary, publishes notice to creditors, inventories the estate, and can hire your chosen law firm to assist. Attorney fees paid from the estate are subject to clerk review for reasonableness.

Key Requirements

• Eligible fiduciary: Executor must be a qualified individual or a licensed trust institution; a law firm cannot serve as executor.
• Clerk qualification: The named executor must apply, take an oath, post bond if required, and receive Letters from the Clerk of Superior Court before acting.
• Nonresident rule: An out-of-state executor must appoint a North Carolina process agent; the clerk may still require a bond.
• Hiring counsel: Your will can direct or authorize the executor to hire a specific law firm; fees are payable from the estate if reasonable and necessary.
• Creditor notice and inventory: After qualification, the executor publishes notice to creditors and files an inventory within typical timelines set by statute and local practice.

What the Statutes Say

• N.C. Gen. Stat. § 28A-4-2 (Who is disqualified) – Disqualifies certain persons and corporations not authorized to act as personal representatives.
• N.C. Gen. Stat. § 28A-8-1 (Bonds) – Sets when bonds are required or waived for personal representatives.
• N.C. Gen. Stat. § 28A-14-1 (Notice to creditors) – Requires publication/notice to creditors after qualification.
• N.C. Gen. Stat. § 28A-2A-2 (Presentation of will) – Addresses presenting the will for probate, including timing.

Analysis

Apply the Rule to the Facts: Because North Carolina does not allow a law firm to serve as executor, your updated will should name a qualified person (for example, a trusted sibling or an attorney) or a licensed trust company. In that will, authorize the executor to hire your preferred law firm to administer the estate and coordinate VA benefits. Your choices for cremation and transfer of ashes can be stated in the will or a separate disposition directive, and your beneficiary designations (including any VA-related benefits) should be reviewed and updated with the VA directly because they often pass outside the will.

Process & Timing

1. Who files: You (now), by signing a new will naming an eligible executor and a backup. After death, the named executor applies. Where: Clerk of Superior Court in the county of your domicile in North Carolina. What: Application for Probate and Letters (AOC-E-201); if the executor is out-of-state, Appointment of Resident Process Agent (AOC-E-500). When: Best practice is to present the will promptly; by statute, the will should be presented within 60 days after death.
2. After Letters issue, the executor publishes notice to creditors and files the Affidavit of Notice to Creditors (AOC-E-307). The inventory is typically due about 90 days after qualification; timelines can vary by county.
3. The executor administers the estate, pays claims (including property taxes), distributes to beneficiaries, and files a final account for clerk approval to close the estate.

Exceptions & Pitfalls

• Naming a law firm as executor will not work; if no eligible executor qualifies, the clerk appoints an administrator with the will annexed (administrator c.t.a.).
• Out-of-state executors must appoint a North Carolina process agent and may be required to post a bond even if the will waives it.
• A will clause directing the executor to employ a particular law firm does not guarantee fee approval; the clerk reviews attorney fees for necessity and reasonableness.
• VA benefits may pass by federal beneficiary designation and not under your will. Update designations with the VA to align with your plan.

Talk to a Estate Planning Attorney

If you’re updating your will and want trusted help managing your estate and VA benefits, our firm has experienced attorneys who can help you understand your options and timelines. 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.