Detailed Answer

When someone dies without a valid will in North Carolina, the court appoints an administrator to manage and distribute that person’s estate. As a surviving sibling, you can seek appointment if the decedent left no spouse, no lineal descendants (children, grandchildren) and no surviving parent. North Carolina law ranks potential administrators in order of priority. Under N.C. Gen. Stat. § 28A-6-2, siblings stand next after parents when no spouse or children exist.

To begin the process, you must file a petition for Letters of Administration with the clerk of superior court in the county where your sibling lived at the time of death. You will attach a certified copy of the death certificate, list all known heirs, and provide an estimate of the estate’s value. The clerk will issue a citation to all other heirs, giving them an opportunity to object.

Most administrators need to post a bond unless the court waives this requirement under N.C. Gen. Stat. § 28A-6-3. Once the bond is approved (or waived) and no valid objections arise, the clerk issues your Letters of Administration. At that point, you act as the estate’s personal representative.

As administrator, you must:

• Notify known creditors and publish notice to unknown creditors.
• Identify, collect and secure the estate’s assets.
• Pay valid debts, taxes and administrative expenses.
• Prepare and file an inventory with the clerk.
• Distribute the remaining property according to North Carolina’s intestacy rules (N.C. Gen. Stat. § 28A-13-3).
• File a final accounting and petition for discharge.

Steps to Become Administrator

• Confirm that no valid will exists for your sibling’s estate.
• Review the priority list under N.C. Gen. Stat. § 28A-6-2 to ensure siblings qualify.
• Gather the certified death certificate and basic estate information.
• Prepare and file a petition for Letters of Administration with the clerk of superior court.
• List all heirs and their contact information in your petition.
• Publish required notices and post bond (unless waived).
• Receive Letters of Administration and assume fiduciary duties.
• Notify creditors, inventory assets, pay debts, and distribute property per intestacy laws.
• File final accounting and complete the court discharge process.

Need Help Appointing an Administrator?

Appointing yourself as administrator can involve complex procedures and strict deadlines. Pierce Law Group’s experienced attorneys guide families through every step. We can help you prepare the petition, comply with North Carolina statutes, and fulfill your duties efficiently.

Contact us today to discuss your case:

Email: intake@piercelaw.com
Call: (919) 341-7055