Short Answer

Yes. In North Carolina, an administrator who no longer wishes to serve may petition the Clerk of Superior Court to resign, and the clerk will appoint a successor after required accountings. If the administrator refuses or is not performing, an interested person may petition the clerk to revoke the administrator’s letters and install a replacement. The clerk typically requires a current account, turnover of assets and records, and proper notice before discharge or replacement.

Understanding the Problem

In North Carolina probate, can the current administrator step down or be removed, and how do you get a new administrator in place? Here, the estate has been open for decades with little activity, and the family wants to close it. You’re in the right place if you need to know who files what, where to file, and how to move from a stalled administration to a successor who can finish the job.

Apply the Law

North Carolina law gives the Clerk of Superior Court authority over estate administration, including resignation and removal of personal representatives (administrators and executors). An administrator may resign by verified petition with required financial and case information. If resignation is not feasible, the clerk can revoke the administrator’s letters for specified grounds after notice and hearing and appoint a successor. The clerk will not discharge the outgoing administrator until a compliant account is filed and estate property and records are transferred to the successor. The estate remains open until the clerk audits and approves a final account and enters a discharge order.

Key Requirements

• Verified petition to resign: The administrator files a verified petition stating appointment facts, interested parties, reasons to resign, and that an account and report of conduct have been filed.
• Verified statement and account: The administrator must submit a verified statement accounting from the last account (or from qualification if none), listing assets, locations, debts, liabilities, and facts needed to assess administration.
• Successor appointment: If the sole or last administrator resigns or is removed, the clerk appoints a successor under statutory priority to continue administration.
• Removal for cause: If resignation is not forthcoming, an interested person may petition to revoke letters for disqualification, mistake in issuance, breach of duty/misconduct, or adverse private interest; summary revocation applies in limited situations.
• Turnover and discharge: On resignation or revocation, the outgoing administrator must deliver all estate assets and records to the successor and file a final or interim account; the clerk enters discharge only after audit and approval.
• Claims and costs from estate funds: Valid court costs, publication, bond premiums, reasonable attorney fees (subject to clerk review), and lawful creditor claims are paid from the estate in the statutory order of priority.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-10-2 (Petition to resign) – Sets required contents for an administrator’s verified resignation petition.
• North Carolina Gen. Stat. § 28A-9-1 (Revocation after hearing) – Lists grounds and procedure for revoking letters and removing an administrator.
• North Carolina Gen. Stat. § 28A-23-1 (Settlement and discharge) – Clerk discharges the representative after auditing and approving the final account.
• North Carolina Gen. Stat., Chapter 31A (Acts Barring Property Rights) – North Carolina’s slayer law prevents a person who unlawfully killed the decedent from inheriting.

Analysis

Apply the Rule to the Facts: Because the estate has been inactive for many years, the current administrator can file a verified petition to resign with an up-to-date account and asset list so the clerk can appoint a successor to finish administration and close the estate. The successor must pay court costs, valid claims, and administration expenses from the estate, then file a final account for audit and discharge. Under North Carolina’s slayer law, the heir who caused the death cannot receive a distribution; the successor should omit that person and distribute accordingly.

Process & Timing

1. Who files: The current administrator (to resign) or any interested person (to remove). Where: Clerk of Superior Court, Estates Division, in the county of original appointment. What: For resignation, a verified petition with the verified statement and account; for removal, a verified petition and an Estate Proceeding Summons (AOC‑E‑102) with Rule 4 service on respondents. When: File as soon as records are current; the clerk sets any needed hearing and will not discharge until a compliant account and turnover are complete.
2. Successor appointment: If resignation is allowed or removal is ordered, the clerk appoints a successor administrator under statutory priority. Bond and new letters issue; the successor takes control of estate accounts and records.
3. Closing the estate: The successor pays approved costs and claims in statutory order, addresses any slayer issue, makes lawful distributions, and files a final account. After the clerk audits and approves the final account, the clerk enters an order discharging the representative and closing the estate.

Exceptions & Pitfalls

• No resignation without accounting: The clerk can deny resignation until a current verified account and records are filed and estate property is identified for turnover.
• Removal risks: Failure to file inventories or accounts, misuse of estate funds, or conflicts that hinder fair administration can support removal; summary revocation applies only in limited statutory scenarios.
• Slayer exclusion: Do not distribute to a slayer; expect to document the disqualification before final distribution.
• Pay in priority: Use estate funds only for proper costs and valid claims in statutory order; premature distributions can delay discharge and create personal liability.
• Notice and service: Use the Estate Proceeding Summons and proper service for removal petitions; defective notice can stall the proceeding.

Talk to a Probate Attorney

If you’re dealing with replacing an estate administrator and closing a long‑open estate, 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.