Understanding Appointment as Administrator of a Deceased Spouse’s Estate
When a person dies without naming an executor in a will, or when the will fails to appoint one, North Carolina law lets certain individuals ask the clerk of superior court to name an administrator for the estate. Your status as the surviving spouse usually gives you the highest priority for appointment. The process follows rules in Chapter 28A of the North Carolina General Statutes. Under G.S. 28A-6-2, the clerk looks first to the surviving spouse when appointing a personal representative.
To become administrator of your spouse’s estate, you must:
- File a petition with the clerk’s office in the county where your spouse lived at death.
- Verify that no valid will names someone else to serve as executor.
- Provide proof of your marriage, your spouse’s death certificate and any other documents the clerk requests.
- Post a bond if the clerk requires one under G.S. 28A-7-3, unless the will waives bond or all heirs agree to waive it.
- Take the oath of office and letters of administration once the clerk approves your petition.
Once appointed, you step into a fiduciary role. You must gather estate assets, pay valid debts and distribute remaining property to heirs under G.S. 28A-13-1. You’ll file an inventory, settle taxes and account for all funds before closing the estate.
Key Steps to Appointment
- Check for a will: Verify whether your spouse left a will that names an executor. If no will exists or the will has no executor, you can petition as administrator.
- File the petition: Submit Form A-200 (Petition for Probate) or local equivalent in the correct county.
- Provide documentation: Death certificate, marriage certificate and heirship affidavit if needed.
- Post bond if required: Ask the clerk if bond is required under G.S. 28A-7-3 or if the will waives bond.
- Attend the hearing: The clerk sets a hearing date. Attend and answer any questions the clerk raises.
- Receive Letters: Once approved, you’ll receive Letters of Administration granting you authority over the estate.
- Fulfill duties: Inventory assets, notify creditors, pay debts, file tax returns and distribute property per G.S. 28A-13.
Appointing an administrator ensures your spouse’s affairs close properly under North Carolina law. If you need guidance through each step, turn to experienced probate attorneys who understand the process and deadlines. Pierce Law Group’s team helps you file petitions, manage bond requirements and fulfill fiduciary duties.
Contact Pierce Law Group today. Email intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.
