Short Answer

Yes. In North Carolina, any interested person (like an heir) may ask the Clerk of Superior Court to remove an administrator for default, misconduct, or a conflict of interest, or to compel required filings first. The clerk can order the administrator to file an inventory or account, increase bond, enter interim orders to protect assets, and—if problems persist—revoke the administrator’s letters and appoint a successor.

Understanding the Problem

You want to know whether you, as an heir in North Carolina, can ask the Clerk of Superior Court to remove the current estate administrator for mishandling assets. Your brother moved into your mother’s house, yet the estate inventory lists only a vehicle and you have not received information about other assets.

Apply the Law

North Carolina probate is supervised by the Clerk of Superior Court. The administrator has fiduciary duties to identify, safeguard, and account for all estate assets and to settle the estate promptly. If the administrator fails to file the 90-day inventory, omits assets, refuses to account, commingles funds, self-deals (for example, using estate property for personal benefit), or has a private interest that hinders fair administration, the clerk can compel compliance and, if needed, revoke the administrator’s letters after a hearing. The clerk can also issue interim orders to preserve assets while a challenge is pending.

Key Requirements

• Standing: You are an “interested person” (heir) with the right to petition the clerk.
• Grounds: Show default/misconduct (e.g., failure to inventory or account, misuse of assets) or a disqualifying conflict that harms or threatens the estate.
• Verified filing: File a verified petition and serve it with an Estate Proceeding Summons; the clerk will hold a hearing.
• Forum and powers: Proceed before the Clerk of Superior Court, who can compel filings, adjust bond, issue protective orders, and revoke letters.
• Deadlines: Inventory due within 3 months of qualification; if ordered, a full inventory or account must be filed within 20 days or the clerk may remove the administrator.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-9-1 (Revocation after hearing) – Clerk may revoke letters for disqualification, default/misconduct, or adverse private interest.
• North Carolina Gen. Stat. § 28A-20-2 (Failure to file inventory) – Clerk must order filing and may remove or hold in contempt if ignored.
• North Carolina Gen. Stat. § 28A-21-4 (Failure to file account) – Clerk orders an account within 20 days and may remove or hold in contempt if not filed.
• North Carolina Gen. Stat. § 28A-2-4 (Clerk’s jurisdiction over estate proceedings) – Sets the clerk’s original jurisdiction, including revoking letters and compelling accountings.

Analysis

Apply the Rule to the Facts: As an heir, you have standing to petition. Your brother’s move into the house while listing only a vehicle on the inventory suggests potential omissions and a private interest that could hinder fair administration. You can ask the clerk to compel a complete inventory and an account. If he fails to comply or if evidence shows misuse (for example, living in the home without proper authority or benefit to the estate), the clerk can revoke his letters and appoint a successor.

Process & Timing

1. Who files: Any interested person (heir). Where: Clerk of Superior Court in the county where the estate is open. What: File a verified petition to (a) compel inventory/account and/or (b) revoke letters; issue and serve an Estate Proceeding Summons (AOC-E-102). You may also request protective orders and a bond increase. When: The inventory is due within 3 months of qualification; if the clerk orders compliance, the administrator typically has 20 days to file.
2. The clerk schedules a hearing. The clerk can enter interim orders to safeguard assets (for example, require funds be held or increase bond) while the petition is pending. Timeframes can vary by county.
3. After the hearing, the clerk may order compliance, increase bond, revoke letters and appoint a successor administrator, and require a final account from the removed administrator. A party generally has 10 days from receipt of the written order to appeal to Superior Court.

Exceptions & Pitfalls

• Insufficient proof: Suspicion alone is not enough. Gather documents (bank statements, tax records, property records) to show omissions or misuse.
• Honest mistakes: Minor inventory errors can be corrected; removal focuses on harm or serious risk to the estate.
• Use of the home: A personal representative may manage real property, but using it personally without authority or benefit to the estate can be misconduct. Ask the clerk to clarify possession and require rent if appropriate.
• Service and notice: Proper service under the estate proceeding rules is critical; defects can delay relief.
• Bond protection: If you’re worried about loss, request a bond increase early so the estate is protected during the dispute.

Talk to a Probate Attorney

If you’re facing a situation where an administrator may be mishandling assets or withholding information, our firm can help you evaluate grounds, evidence, and timing. Call us today to discuss your options and next steps.

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.