Detailed Answer
When someone dies without a will in North Carolina, the court appoints an administrator to handle their estate. North Carolina law sets a clear order of priority under N.C. Gen. Stat. § 28A-6-2. The surviving spouse has first right to serve. If the spouse cannot or will not act, the court moves down the list to children, parents, siblings and further relatives.
A sibling can serve as administrator over a spouse’s intestate estate only if:
- The surviving spouse declines or is disqualified. Reasons for disqualification include incapacity, felony conviction or conflict of interest.
- No children or parents of the decedent are willing or qualified to serve.
- The court finds appointment of a sibling will best protect estate assets and beneficiaries’ interests.
If the decedent left a valid will naming a sibling as executor, the court admits the will and appoints the named sibling. This appointment occurs even if the surviving spouse exists, unless the spouse successfully contests the will.
During administration, the sibling must post a bond, file an inventory of estate assets and follow court rules. The administrator pays debts, files tax returns and distributes assets under the law.
Key Takeaways
- Priority of appointment follows N.C. Gen. Stat. § 28A-6-2: spouse, children, parents, siblings.
- A sibling serves only if higher priority relatives decline or disqualify.
- A will can name a sibling as executor, bypassing priority rules.
- Court oversight protects the estate and beneficiaries.
- Administration steps include bonding, inventory, creditor notices and final accounting.
If you face questions about administering a spouse’s estate, turn to Pierce Law Group. Our attorneys handle probate matters every day. Email us at intake@piercelaw.com or call us at (919) 341-7055 to schedule a consultation.
