Short Answer

Yes. A non-heir guardian who lives outside North Carolina can be appointed—most often as an ancillary administrator—if they are otherwise qualified, appoint a North Carolina resident process agent, and no higher-priority applicant steps forward. Because they are nonresident, a bond will be required; heirs cannot waive it. The clerk typically sets a corporate surety bond around 125% of the North Carolina personal property the administrator will handle (subject to statutory minimums and clerk discretion).

Understanding the Problem

In North Carolina probate, can an out-of-state grandmother who is the minor child’s guardian serve as the administrator, and what bond applies? The decedent was domiciled in Georgia but owned a home in North Carolina and died without a will. You need to administer personal injury settlement proceeds and address the North Carolina real property through the Clerk of Superior Court.

Apply the Law

When a nonresident dies owning assets in North Carolina, North Carolina typically handles those local assets through an ancillary administration before the Clerk of Superior Court in the county where the asset (like real property) is located. If a domiciliary personal representative (PR) is appointed in the home state (here, Georgia), that PR has preference to receive North Carolina ancillary letters; otherwise, a qualified person who could serve if the decedent were a North Carolina resident may apply. A nonresident applicant must appoint a North Carolina resident process agent to accept service. Bond is generally required in intestate estates, and heirs cannot waive the bond for a nonresident PR. For bond sizing, the clerk uses statutory formulas keyed to the personal property the PR will control in North Carolina. Wrongful death recoveries are not estate assets and may allow delayed or no bond until funds are received; by contrast, personal injury (survival) proceeds are estate assets and count toward bond and inventory.

Key Requirements

• Eligibility to serve: The applicant must not be disqualified (e.g., underage, incompetent, felon without restored rights) and, if nonresident, must appoint a North Carolina resident process agent.
• Proper forum and type: Open a Georgia domiciliary estate and a North Carolina ancillary estate for local assets; if no domiciliary PR exists or is unknown, a qualified person may apply for ancillary letters in North Carolina.
• Priority and notice: A domiciliary PR has preference for North Carolina ancillary letters; if another person applies, the clerk gives the domiciliary PR a short window to apply before appointing someone else.
• Bond requirement: Bond is required for a nonresident administrator in an intestate estate and cannot be waived by heirs; amount is tied to North Carolina personal property administered.
• Asset characterization: Wrongful death proceeds are not estate assets (often allowing delayed bond until receipt); personal injury survival proceeds are estate assets and are included in bond calculations.

What the Statutes Say

• N.C. Gen. Stat. § 28A-26-3 (Ancillary letters for nonresident decedents) – Domiciliary PR preference; alternate applicants; notice and timing.
• N.C. Gen. Stat. § 28A-4-2 (Who is disqualified; process agent for nonresidents) – Nonresident must appoint a resident process agent to qualify.
• N.C. Gen. Stat. § 28A-8-1 (When bond is required) – Bond generally required in intestate estates; limited exceptions.
• N.C. Gen. Stat. § 28A-8-2 (Bond amount and form) – Corporate surety around 125% of personal property (or 110% above certain thresholds); alternatives exist.

Analysis

Apply the Rule to the Facts: Because the decedent was domiciled in Georgia and owned a North Carolina home, you will typically open a Georgia domiciliary estate and an ancillary estate in the North Carolina county where the home sits. If Georgia appoints a domiciliary PR, that person has preference for North Carolina ancillary letters; otherwise, the out-of-state grandmother (as the child’s guardian) may apply as a qualified person, appoint a North Carolina process agent, and post bond. The settlement is a personal injury (survival) recovery, so it is an estate asset in North Carolina and will factor into the bond sizing if those funds are received in the ancillary estate.

Process & Timing

1. Who files: Ideally the Georgia domiciliary PR; if none, the grandmother (as a qualified applicant). Where: Clerk of Superior Court in the North Carolina county where the real property is located. What: AOC-E-202 (Application for Letters of Administration) marked for ancillary administration; AOC-E-500 (Appointment of Resident Process Agent); bond form (AOC-E-401 for corporate surety). If a domiciliary PR exists, attach a certified/exemplified copy of domiciliary letters and list the North Carolina assets. When: If a domiciliary PR exists, the clerk will send notice giving that PR 14 days to apply for ancillary letters; if none exists or is unknown, you may apply now (the statute also references the shorter of 90 days from death or 60 days after domiciliary letters before alternates apply if a domiciliary PR exists).
2. After filing, the clerk reviews priority, qualifications, process agent appointment, and bond sufficiency. Timeframes vary by county but initial review is often within days to a few weeks.
3. Upon qualification, publish Notice to Creditors in North Carolina and file the Affidavit of Notice (AOC-E-307). Administer North Carolina assets; if personal injury funds are received in the ancillary estate, ensure the bond covers them. For real estate within two years of death, the PR typically joins any sale or transfer.

Exceptions & Pitfalls

• Heirs cannot waive bond for a nonresident administrator in an intestate estate; plan for a corporate surety bond sized to North Carolina personal property the administrator will control.
• Appoint a North Carolina resident process agent (AOC-E-500) or the nonresident applicant cannot qualify.
• Do not confuse wrongful death with personal injury: wrongful death proceeds are not estate assets and may allow delayed bond until receipt; personal injury proceeds are estate assets and increase bond and accounting obligations.
• If a domiciliary PR is later appointed in Georgia, they have preference for North Carolina ancillary letters; the clerk may substitute them if it benefits the North Carolina administration.
• Within two years of death, sales or transfers of North Carolina real estate generally require PR participation; coordinate timing to avoid title issues.

Talk to a Probate Attorney

If you’re handling a North Carolina ancillary estate for a nonresident decedent and need guidance on who can serve and how bond will be set, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.