Dec222025
Partition Action Q&A Series

What can I do if the executor isn’t acting or allows someone to live in the home without paying—can the court compel action or replace the executor? – North Carolina

Short Answer

Yes. In North Carolina, an interested heir can ask the Clerk of Superior Court (the official who oversees most estate administration) to require the executor to file required accountings, address estate expenses like property taxes, and otherwise carry out the executor’s duties. If the executor still does not act, or mishandles the estate, the Clerk can take stronger steps, including ordering compliance and, in appropriate cases, removing and replacing the executor.

Understanding the Problem

When a North Carolina estate includes a house, a common decision point is: can an heir force an executor to do the basic administration work—protect the property, pay necessary carrying costs, and move the estate toward closing—when the executor is not acting or is letting someone stay in the home without paying? The question also includes whether the Clerk of Superior Court can require action or appoint a different executor if the estate is being neglected. This comes up most often when family members disagree about whether to sell the home, one co-executor can no longer serve, or the estate’s bills keep piling up while the house sits.

Apply the Law

In North Carolina, estate administration is typically supervised by the Clerk of Superior Court in the county where the estate is opened. Executors (also called “personal representatives”) have fiduciary duties, which means they must act in the estate’s best interest, follow the will and North Carolina law, keep reasonable records, and handle estate assets responsibly. If an executor does not file required reports, does not pay necessary expenses when funds are available, or allows estate assets to be wasted, an “interested person” (often an heir) can file a request with the Clerk to compel compliance and, if needed, seek removal and a substitute fiduciary.

Key Requirements

  • Standing (an “interested person”): The person asking the court to step in must have a real financial stake in the estate, such as an heir or beneficiary under the will.
  • A concrete failure of duty: The request should point to specific problems—missed required filings, nonpayment of known estate obligations like property taxes, failure to protect or manage the property, or other conduct that risks loss to the estate.
  • Use the estate forum first: The first stop is usually the estate file with the Clerk of Superior Court (not a new civil lawsuit), because the Clerk has ongoing authority to supervise the personal representative and require reports and compliance.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an heir where a will named co-executors, one co-executor has died, and the remaining administration appears stalled while property taxes are not being paid and someone may be living in the home without paying. Those facts support asking the Clerk of Superior Court to require the acting executor (or the estate) to address immediate preservation issues (like taxes and insurance) and to provide clear reporting about what the executor has done and why the estate is not moving forward. If the executor cannot or will not act—especially where delay risks tax foreclosure or other loss—the same estate proceeding is typically where a request to remove and replace the executor is raised.

Process & Timing

  1. Who files: An heir/beneficiary or other interested person. Where: The Clerk of Superior Court in the county where the estate is open (the estate file). What: A written motion/request asking the Clerk to (a) order the executor to account and comply with duties (for example, address taxes, preserve the property, and report on management of the home) and (b) if warranted, remove the executor and appoint a replacement. When: As soon as it is clear the estate is being neglected—especially if taxes are delinquent and foreclosure timelines may start running.
  2. Clerk review and hearing: The Clerk may schedule a hearing and require the executor to explain what has been done, produce records, and propose a plan to cure the problems. If the issue is a required report/account, the Clerk can set a short compliance deadline in the order (in some contexts, 20 days after service).
  3. Order and enforcement: The Clerk can enter an order compelling action, requiring specific filings, or taking other steps to protect the estate. If noncompliance continues, the Clerk can consider stronger enforcement measures and, when appropriate, removal and replacement so the estate can be administered and closed.

Exceptions & Pitfalls

  • Partition may not be the fastest first step while the estate is open: A partition case focuses on co-owners of real estate. If the home is still in estate administration and title has not passed out of the estate, the better starting point is often the estate proceeding with the Clerk to force administration, determine who has authority over the property, and address taxes and occupancy.
  • “Living there for free” is not automatically misconduct: Sometimes a will, family agreement, or estate plan allows temporary occupancy. The key issue is whether the arrangement harms the estate (for example, no plan to pay taxes/insurance, refusal to maintain the property, or unequal treatment without authority).
  • Record problems hurt good requests: The strongest filings identify missed deadlines, delinquent tax notices, insurance cancellation risk, waste/damage, or refusal to provide basic information. Vague complaints can lead to delays or limited relief.
  • Tax foreclosure can eliminate options: Letting taxes go unpaid can create a loss of equity and control. Even if family members disagree about a sale, preserving the property (taxes/insurance/basic maintenance) usually matters immediately.
  • Co-executor death changes authority: When a co-executor dies, the estate may need a substitution or appointment action to confirm who has authority to act going forward; delays here can stall a sale or other management decisions.

Conclusion

North Carolina’s Clerk of Superior Court can step in when an executor is not administering an estate, including by ordering required reports and requiring the executor to address urgent estate obligations like delinquent property taxes. If the executor still will not act or mishandles the estate, the Clerk can consider removal and replacement so the estate can move forward. The practical next step is to file a written motion in the estate file with the Clerk of Superior Court requesting an order compelling the executor to act and account, and to do it promptly if taxes are past due.

Talk to a Partition Action Attorney

If an estate-owned home is stuck because an executor is not acting, taxes are going unpaid, or family members cannot agree on a sale, our firm has experienced attorneys who can help explain options, timelines, and whether the issue belongs in the estate proceeding, a sale proceeding, or a partition case. 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.

Category: Partition Action Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.