Jan182026
Probate Q&A Series

Can I ask the court to remove or block someone from serving as executor if they have a felony record or aren’t doing their duties? – North Carolina

Short Answer

Yes. In North Carolina, an “interested person” can ask the Clerk of Superior Court (the probate court) to revoke an executor’s authority (their “letters”) and appoint a replacement if the executor is legally disqualified or is failing to carry out required duties. A felony record can matter if it makes the person disqualified under North Carolina’s personal representative rules, but removal usually turns on whether the person is unfit, has a conflict that threatens fair administration, or has committed default or misconduct while acting as executor.

Understanding the Problem

In North Carolina probate, the decision point is whether the court can stop a person from acting as executor (or remove them after appointment) when there are red flags such as a felony record or failure to take required steps to administer the estate. The question often comes up when a family believes a newer will exists, but the original newer will has not been filed, and a relative or former spouse figure claims to be “executor” while not moving the estate forward through the Clerk of Superior Court.

Apply the Law

North Carolina estates are supervised by the Clerk of Superior Court in the county where the estate is opened. An executor’s authority comes from the clerk issuing “letters testamentary.” If the wrong person is appointed, or if a court-appointed executor is not doing the job properly, North Carolina law allows revocation of those letters and appointment of a successor. Separately, if the dispute is really about which will controls (for example, an older will is filed but the family believes a newer will revoked it), a will contest (a “caveat”) may be the procedure that puts the will’s validity before the Superior Court for a jury trial.

Key Requirements

  • Standing (an “interested person”): The person asking to block or remove an executor must have a real stake in the estate (for example, an heir or a beneficiary under a will).
  • A valid ground to block or remove: The request must be based on a recognized reason, such as legal disqualification, misconduct/default in office, or a conflict that threatens fair administration.
  • Proper forum and procedure: The request is typically made in the estate file before the Clerk of Superior Court, using a petition/motion and a hearing process (and sometimes formal service requirements depending on the relief requested).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a situation where a relative or former spouse figure claims to be executor but has not produced or filed the most recent original will and is not taking action. If that person has not been appointed by the Clerk of Superior Court and does not have letters testamentary, the immediate issue is often getting the correct will before the clerk and opening the estate properly. If that person has been appointed, the family can ask the clerk to revoke the letters if there is disqualification, a conflict that threatens fair administration, or default/misconduct in carrying out executor duties (for example, refusing to marshal estate assets, failing to communicate required notices, or otherwise stalling administration).

Process & Timing

  1. Who files: An interested person (such as an heir or beneficiary). Where: The Clerk of Superior Court (Estates Division) in the county where the estate is or should be opened in North Carolina. What: A petition/motion in the estate file asking the clerk to revoke the executor’s letters and appoint a successor (and, when appropriate, related relief to protect estate property). When: As soon as facts supporting removal are known, especially if estate assets are at risk or deadlines are approaching.
  2. If the will itself is disputed: Consider whether a caveat is needed to put the “which will controls” question into the proper litigation track. A caveat is filed with the clerk and then transferred to Superior Court for a jury trial, with formal service and party-alignment steps required by statute.
  3. After removal (if granted): The clerk appoints a successor personal representative, and the former executor can be required to turn over estate property and provide an accounting so administration can continue under court supervision.

Exceptions & Pitfalls

  • “Felony record” is not always automatic removal: A criminal record can support removal if it ties into legal disqualification, unfitness, or risk to the estate, but the clerk typically focuses on whether the person can faithfully and impartially administer the estate and whether statutory grounds exist.
  • Being “named as executor” is not the same as being appointed: Until the Clerk of Superior Court issues letters testamentary, a person usually does not have legal authority to act for the estate. Confusion on this point can delay the right filing.
  • Will dispute vs. executor misconduct: If the real fight is about a newer will that revokes an older will, removal alone may not fix the core problem. The estate may need a will proceeding (including a caveat in the right circumstances) so the correct will can be determined.
  • Proof problems when the “newer original will” is missing: When the original will is not produced, the court process can become evidence-heavy. Early steps often focus on locating the original, documenting who last had it, and preserving records that show what happened.

For more background on related issues, see what happens if the person named as executor is someone I think should not serve and how to stop letters testamentary from being issued when the wrong will was filed.

Conclusion

North Carolina law allows an interested person to ask the Clerk of Superior Court to block or remove an executor by revoking the executor’s letters when the executor is disqualified, has a conflict that threatens fair administration, or has committed default or misconduct in office. If the bigger issue is that a newer will exists but has not been produced, the next step is usually to file the appropriate petition in the estate file with the Clerk of Superior Court promptly and, if an older will has already been probated, evaluate whether a caveat must be filed within the applicable deadline.

Talk to a Probate Attorney

If you’re dealing with an executor who is not acting, may be disqualified, or may be withholding a newer will, our firm has experienced attorneys who can help explain options and timelines in North Carolina probate. 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: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.