Can I ask the court to remove or replace an executor who won’t do their job or won’t communicate with beneficiaries? – North Carolina

Short Answer

Yes. In North Carolina, the Clerk of Superior Court (as the probate judge) can revoke an executor’s authority and appoint a replacement when the executor is disqualified or is not faithfully doing the job—such as ignoring required filings, failing to administer the estate, or engaging in misconduct.

Removal usually happens through a hearing in the estate file, and the clerk can also order the executor to file required documents and appear to explain delays. If the clerk revokes the executor’s “letters,” the executor loses authority and must turn over estate assets and account to the successor.

Understanding the Problem

Under North Carolina probate practice, the decision point is whether the person named as executor is failing to carry out the basic duties of estate administration (including required filings and reasonable communication) after a death in North Carolina. The question is whether the Clerk of Superior Court can be asked to step in, revoke the executor’s authority, and replace the executor so the estate can move forward. The trigger is typically a pattern of inaction, missed filings, or conduct that prevents fair and orderly administration, handled through the estate proceeding in the county where the estate is (or should be) opened.

Apply the Law

In North Carolina, probate and estate administration are handled in the Superior Court Division and exercised by the Clerk of Superior Court acting as judge of probate. The clerk has authority to revoke (take back) the executor’s letters and remove the executor for certain statutory grounds, and the clerk can also compel required estate filings through orders and a show-cause process.

Practically, removal is most often pursued when an executor does not timely file required documents (like an inventory or accountings), does not pay valid estate bills, does not safeguard estate property, or has a conflict or private interest that interferes with fair administration. Many disputes are handled as a contested estate proceeding in front of the clerk.

Key Requirements

Standing (an “interested person”): The request generally must come from someone with a real stake in the estate, such as an heir, devisee (will beneficiary), or creditor.
Legal grounds to revoke the executor’s authority: The clerk typically looks for statutory grounds such as disqualification, misconduct/default in carrying out fiduciary duties, improper issuance of letters, or a private interest that could hinder fair administration.
Proper forum and procedure: The request is made in the estate file before the Clerk of Superior Court with probate jurisdiction, usually with notice to the executor and a hearing (unless a narrow “summary” removal situation applies).

What the Statutes Say

N.C. Gen. Stat. § 7A-241 (Probate jurisdiction) – Gives the clerk (as judge of probate) original jurisdiction over probate and estate administration.
N.C. Gen. Stat. § 31-39 (Effect of probate; timing issues) – Explains why getting the will properly probated matters and includes a time limitation that can affect title and third-party rights.

Analysis

Apply the Rule to the Facts: The facts describe an executor (a former spouse) who has not filed the will, will not share its contents, and is not taking steps to manage bills or move the estate forward. That pattern can support a request to the Clerk of Superior Court to intervene because estate administration depends on timely probate filings and faithful performance of fiduciary duties. If the executor’s inaction is preventing orderly administration, an interested person can ask the clerk to require compliance (through orders to file/appear) and, if the problem continues or the grounds are proven, revoke the executor’s authority and appoint a successor.

Process & Timing

Who files: An interested person (often a beneficiary/heir). Where: The Clerk of Superior Court in the county where the estate is (or should be) administered in North Carolina. What: A filing asking the clerk to compel action and/or revoke the executor’s letters and appoint a replacement (often handled as a contested estate proceeding). When: As soon as a clear pattern of delay or noncompliance appears, especially if bills are going unpaid or estate property is at risk.
Notice and hearing: The clerk typically sets a hearing and requires the executor to respond. In many counties, the clerk will first use a “show cause” style process to order required filings and require the executor to appear and explain the failure to act; continued noncompliance can lead to removal and other sanctions.
After revocation: If the clerk revokes the executor’s authority, the clerk can appoint a successor personal representative so the estate can proceed. The removed executor is typically required to turn over estate assets and provide an accounting to the successor.

Exceptions & Pitfalls

“Not communicating” vs. “not administering”: Poor communication alone may not be enough if the executor is otherwise doing the required work. The strongest removal cases tie the communication breakdown to missed duties (no filings, no bill payment plan, no safeguarding assets, no progress).
Confusing “named executor” with “court-appointed executor”: The clerk’s removal power applies to the person who has been appointed and issued letters. If no estate has been opened yet, the immediate goal may be to get the will filed and the estate opened so the clerk can supervise administration.
Local procedure and service: Contested estate proceedings have technical filing and service requirements. Mistakes in notice/service can delay the hearing or prevent relief.
Family conflict is not automatically a ground: Tension between beneficiaries and an executor does not automatically justify removal. Evidence of default, misconduct, disqualification, or a disabling conflict is usually required.

Conclusion

North Carolina law allows the Clerk of Superior Court to revoke an executor’s authority and replace the executor when statutory grounds exist, including default or misconduct in carrying out fiduciary duties or a disqualifying conflict that interferes with fair administration. When an executor will not file required paperwork or will not move the estate forward, the clerk can order compliance and hold a hearing, and continued noncompliance can support removal. Next step: file a petition in the estate file with the Clerk of Superior Court promptly once the delay is clear.

Talk to a Probate Attorney

If a named executor is not filing the will, not administering the estate, or refusing to communicate in a way that stalls the probate process, our firm has experienced attorneys who can help explain options and timelines and pursue relief through the Clerk of Superior Court. 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.