Does a request to remove an executor have to be filed in the county where the person died and the estate was opened? – North Carolina

Short Answer

In North Carolina, a request to remove an executor (personal representative) is normally handled in the same county where the estate is being administered, because the Clerk of Superior Court in that county has probate jurisdiction over that estate. If the estate was opened in the wrong county, North Carolina law allows a separate, time-sensitive process to challenge venue and move the administration to the proper county. Once that venue window closes, the case usually stays where it was opened.

Understanding the Problem

Under North Carolina probate practice, can an interested person ask the Clerk of Superior Court to remove an executor in a different county than where the estate file is open, or must the removal request be filed in the same county where the estate is currently being administered?

Apply the Law

North Carolina treats most probate disputes as “estate proceedings” that start with a petition filed with the Clerk of Superior Court (the probate court for that county). The clerk generally handles the administration of the estate, including supervising the personal representative’s authority and, when appropriate, revoking or changing that authority. Because the estate file, letters, accountings, and prior orders are kept in the county where the estate is pending, removal requests are typically filed in that same county.

North Carolina also recognizes that an estate can be opened in the wrong county. When that happens, the law provides a specific procedure to ask for a determination of the proper county (venue). That venue challenge has a short deadline, and if it is not raised in time, the objection can be treated as waived and the administration continues where it started.

Key Requirements

Pending estate file in a specific county: Removal is usually sought in the county where the estate is already open and being administered by the Clerk of Superior Court.
Proper “estate proceeding” filing: The request is typically started by filing a petition with the clerk and naming/serving all interested parties using the required estate-proceeding summons and service rules.
Venue challenge is separate and time-sensitive: If the real issue is that the estate should be in a different county, the correct approach is usually a venue petition filed quickly after letters are issued; waiting too long can forfeit the venue objection.

What the Statutes Say

N.C. Gen. Stat. § 7A-241 (Probate jurisdiction) – places original jurisdiction over probate and estate administration in the superior court division, exercised by the clerk as judge of probate.
N.C. Gen. Stat. § 1-78 (Venue for actions against executors/administrators in official capacity) – provides a venue rule for certain actions against personal representatives and on their bonds, which can matter depending on the type of claim being filed.

Analysis

Apply the Rule to the Facts: The facts describe an interested person who wants to remove the current executor/personal representative and is focused on where the removal request must be filed. In North Carolina, that request is normally filed with the Clerk of Superior Court in the county where the estate is already open, because that clerk is supervising the administration. If the concern is that the estate was opened in the wrong county, the more direct path is usually a venue challenge early in the case rather than filing a removal request in a different county.

Process & Timing

Who files: An “interested person” in the estate (commonly an heir, beneficiary, or creditor). Where: The Clerk of Superior Court (Estates Division) in the county where the estate is currently being administered. What: A petition starting an estate proceeding, typically issued with an estate proceeding summons and served under Rule 4 service requirements. When: As soon as grounds exist; if the real dispute is the county (venue), that issue is commonly subject to a short deadline after letters are issued and can be waived if not raised promptly.
Next step: The clerk schedules the matter under local practice (some issues may be handled summarily if truly uncontested; contested matters typically require notice, service, and a hearing). Interested parties and the personal representative are brought into the case as respondents.
Final step: The clerk enters an order granting or denying removal (and, if removal is ordered, addressing who will serve next and what the outgoing personal representative must turn over).

Exceptions & Pitfalls

Mixing up “removal” with “wrong county”: A removal petition does not automatically fix an improper county. If venue is the real issue, a separate venue determination may be needed early.
Filing in a different county to avoid perceived connections: Filing in a different county usually does not work if the estate file is elsewhere; the clerk supervising the estate is typically the decision-maker for removal.
Service problems: Estate proceedings often require formal service (similar to civil cases). Skipping proper service can delay the case or create appeal issues.

Conclusion

In North Carolina, a request to remove an executor/personal representative is usually filed with the Clerk of Superior Court in the county where the estate is already open and being administered. Trying to file the removal request in a different county typically does not match how probate jurisdiction and the estate file are structured. If the estate was opened in the wrong county, the next step is to file the appropriate venue petition promptly after letters are issued, because venue objections can be waived if not raised on time.

Talk to a Probate Attorney

If you’re dealing with an estate where there are concerns about the current executor and questions about whether the matter must stay in the county where the estate is open, 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.