Short Answer

Yes. In North Carolina, any interested heir can file a verified petition asking the Clerk of Superior Court to revoke an administrator’s letters if the administrator’s private interests are likely to hinder a fair administration. If the clerk revokes the letters, the clerk will appoint a successor—this could be you or another suitable person. While the case is pending, you may also request interim protections (for example, increasing bond or safeguarding assets).

Understanding the Problem

You’re asking whether, in North Carolina probate, you can ask the Clerk of Superior Court to remove your sister as administrator because her accusations against you and your spouse create a conflict and asset-security concerns, and to appoint you instead. One key fact: your sister accused you after a break-in at your mother’s home, and important property (vehicles, household items, and the home) still needs to be secured and handled correctly.

Apply the Law

Under North Carolina law, the clerk may revoke an administrator’s authority after a hearing if certain grounds exist. One ground is a private interest—direct or indirect—that tends to be adverse to, or that may hinder, a fair administration of the estate. You do not have to prove actual harm; showing a genuine likelihood of conflict and risk to proper administration can suffice. The proceeding is filed and heard in the Clerk of Superior Court as an estate proceeding. If the clerk revokes, the administrator must promptly turn over assets and file a final account, and the clerk appoints a successor by statutory priority and suitability. The clerk can enter interim orders to preserve estate assets while the petition is pending.

Key Requirements

• Standing: You must be a “person interested” in the estate (for example, an heir) to file a verified petition.
• Plead and prove a ground: Show a conflict of interest likely to hinder fair administration, or other statutory grounds like misconduct or disqualification.
• Evidence of risk or harm: Provide facts/documents about asset security, missing/late inventory or accountings, or adverse personal claims affecting impartiality.
• Interim protections: Ask the clerk to preserve assets pending the hearing (e.g., increase bond, limit access to property, or appoint a temporary neutral).
• Successor appointment: If revocation is granted, the clerk appoints a suitable successor by priority; you can request appointment but it is discretionary.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-9-1 (Revocation after hearing) – Grounds and procedure for revoking letters.
• North Carolina Gen. Stat. § 28A-9-5 (Interlocutory orders) – Clerk may enter orders to preserve assets while the case is pending.
• North Carolina Gen. Stat. § 28A-9-3 (Effect of revocation) – Authority ceases; surrender of assets and final account required.
• North Carolina Gen. Stat. § 28A-4-1 (Priority of appointment) – Who may be appointed as successor administrator.

Analysis

Apply the Rule to the Facts: You are an heir, so you have standing to petition. Your sister’s accusations after a break-in create an adversarial posture that may compromise her impartiality, a recognized basis to seek revocation. The estate still needs secure management of vehicles, household goods, and possibly the home; that supports requests for interim protections and shows risk if the conflict persists. If you propose concrete safeguards and demonstrate suitability, the clerk may appoint you; however, the clerk could select another suitable person if that better protects the estate.

Process & Timing

1. Who files: An interested heir (you). Where: Clerk of Superior Court in the county where the estate is administered. What: Verified Petition to Revoke Letters and Appoint Successor; serve an Estates Proceedings Summons (AOC-E-102) under Rule 4; attach supporting exhibits (police report, correspondence, inventory/notice filings). When: File any time while the estate is open; if an order issues, a party has 10 days from service to appeal.
2. The clerk issues the summons, sets a hearing, and may enter interim orders to protect assets (e.g., increase bond, limit access to the home, require immediate inventory updates, or appoint a temporary neutral) while the petition is pending. Timelines vary by county.
3. If revocation is granted, the clerk revokes letters, orders the former administrator to surrender assets and file a final account, and appoints a successor by statutory priority and suitability. New letters issue to the successor.

Exceptions & Pitfalls

• Disagreement alone is not enough; you need facts showing a genuine conflict or risk to fair administration (e.g., adversarial claims, asset-security lapses, or missed fiduciary duties).
• Clerks often try narrower fixes first (compelling inventory/accounting, increasing bond) unless the risk to the estate is significant.
• Successor choice is discretionary; the clerk may appoint a neutral fiduciary (including a public administrator) instead of a family member.
• Verify your petition and serve properly; deficient service or unsupported allegations delay relief.
• Real property control is limited unless the administrator obtains specific authority; tailor requests to secure both personal and real property appropriately.

Talk to a Probate Attorney

If you’re facing a conflicted administrator and need to safeguard estate assets and timelines, our firm has experienced attorneys who can help you understand your options and file the right petition. 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.