Short Answer

Often, yes. Under North Carolina law, if a co-equal heir is properly served with the required 15-day notice of your application and does not respond, the Clerk of Superior Court can treat that silence as a renunciation and appoint you alone. If no one with priority applies within 90 days after death, the clerk may deem all prior rights renounced and appoint a suitable person. The clerk still has discretion and may name co-administrators or a neutral if that better serves the estate.

Understanding the Problem

You want to serve as the sole administrator in North Carolina to pursue a wrongful death claim, but another heir with equal priority is unresponsive and will not sign a renunciation. You found their address so the court can send notice. The question is whether the Clerk of Superior Court can appoint you alone when the other heir ignores the court’s notice.

Apply the Law

In North Carolina, heirs of equal priority must either renounce their right to serve or receive statutory notice of your application. If a co-equal heir is served and does not respond within the statutory window, the clerk may adjudge implied renunciation and appoint a suitable person. After 90 days from death, the clerk may deem all prior rights to apply for letters renounced and appoint a suitable administrator. The forum is the Clerk of Superior Court in the county of the decedent’s domicile. Key timing triggers include a 30-day period after death before initiating implied-renunciation steps, a 15-day response window after service of notice or petition, and a 90-day post-death discretionary deeming of renunciation by the clerk.

Key Requirements

• Equal priority + notice: If another heir has equal priority and has not renounced, you must give them written notice before letters can issue.
• Implied renunciation after service: Starting 30 days after death, if a co-equal heir is served and does not respond within 15 days, the clerk can adjudge that person to have renounced.
• 90-day deeming rule: If no one with priority qualifies within 90 days after death, the clerk may deem all prior rights renounced and appoint a suitable person.
• Clerk’s discretion: When applicants are equally entitled, the clerk must pick the person most likely to administer advantageously or may appoint co-administrators.
• Wrongful death context: The personal representative brings the wrongful death action; a temporary collector can be appointed quickly if needed to preserve claims.
• Bond nuance: An administrator appointed solely to bring a wrongful death action typically does not post bond until estate property is received; bond rules change once assets are taken in.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-4-1 (Priority to serve; clerk’s discretion) – Sets the order of priority and directs the clerk to choose the most suitable applicant or appoint co-administrators.
• North Carolina Gen. Stat. § 28A-5-2 (Renunciation of right to administer) – Allows express and implied renunciation; includes the 30-day trigger, 15-day response to notice/petition, and 90-day deeming rule.
• North Carolina Gen. Stat. § 28A-6-2 (Notice of application for letters) – Requires 15 days’ prior written notice to persons of equal or higher priority who have not renounced.
• North Carolina Gen. Stat. § 28A-18-2 (Wrongful death) – The personal representative brings the wrongful death action and distributes proceeds as directed by statute.

Analysis

Apply the Rule to the Facts: You and the other heir have equal priority. Because you located the heir’s address, you can ensure proper service of the 15-day notice. If they do not respond after service and at least 30 days have passed since death, you can ask the clerk to enter an order adjudging implied renunciation and appoint you. If 90 days have passed with no qualification by anyone with priority, you can also ask the clerk to deem all prior rights renounced and issue letters to you so you can pursue the wrongful death claim.

Process & Timing

1. Who files: The equal-priority heir seeking appointment. Where: Clerk of Superior Court in the North Carolina county where the decedent was domiciled. What: File Application for Letters of Administration (AOC‑E‑202) and serve 15‑day written notice on the co‑equal heir; if needed, file a petition for implied renunciation with an Estate Proceeding Summons (AOC‑E‑102). When: Start implied‑renunciation steps after 30 days from death; the respondent has 15 days from service to respond; after 90 days from death, request the clerk deem prior rights renounced.
2. If the other heir does not respond by the deadline, request an order adjudging implied renunciation and issuance of Letters of Administration (AOC‑E‑403). Timelines can vary by county practice; some clerks use a 15‑day response window, and some may use 20 days when a summons is issued.
3. Once appointed, take the oath (AOC‑E‑400) and address bond. If appointed solely to bring a wrongful death action, bond is typically deferred until estate assets are received; otherwise, post bond as required. Then proceed with the wrongful death claim.

Exceptions & Pitfalls

• The clerk may appoint co‑administrators or a neutral if conflict or suitability concerns suggest that is better for the estate.
• Improper or incomplete service can delay or defeat implied renunciation; use a verifiable service method and keep proof.
• County practices differ on whether a 15‑day or 20‑day response applies when a summons is issued; confirm with the clerk’s office.
• If the wrongful death deadline is approaching, ask the clerk to appoint a temporary collector to file suit while the appointment dispute is resolved.
• Nonresidents must appoint a North Carolina process agent and may be required to post bond once assets are received.

Talk to a Probate Attorney

If you’re dealing with an unresponsive co-heir and need to move forward with estate administration to pursue a wrongful death claim, 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.