Probate Q&A Series

Detailed Answer

When someone dies without naming an executor in their will or leaves no valid will at all, North Carolina law allows a qualified person to serve as administrator. The process takes place in the clerk’s office of the superior court in the county where the decedent resided.

First, identify your priority under N.C. Gen. Stat. § 28A-6-2. The law ranks potential administrators in this order:

  • The surviving spouse or children
  • Grandchildren
  • Parents, brothers or sisters
  • Other next of kin in equal degree
  • Creditors if no kin steps forward
  • The public administrator as a last resort (N.C.G.S. § 28A-6-6)

Once you confirm your priority, prepare a petition for appointment. You must:

  1. File a certified death certificate.
  2. Submit an affidavit listing heirs or next of kin.
  3. Provide any known will under seal if one exists.
  4. Take the oath of administrator as required by N.C.G.S. § 28A-6-5 (link).
  5. Post a surety bond unless the court waives it based on estate size and your relationship to the decedent.

After the clerk reviews your petition and bond, the court issues “letters of administration.” These letters empower you to collect assets, pay debts and distribute property according to North Carolina’s intestacy statutes (N.C.G.S. Chapter 28A-21 through 28A-28).

If multiple people qualify at the same level, the clerk may hold a hearing to decide who will serve. You must notify all interested parties of the hearing date and time. You cannot act as administrator until the clerk grants your petition and issues letters.

Key Steps to Become an Administrator

  • Confirm you stand in the proper order of preference under N.C.G.S. § 28A-6-2.
  • Gather necessary documents: death certificate, will (if any) and family tree or heirship affidavit.
  • Prepare and file your petition with the clerk of superior court.
  • Secure and file a surety bond or request a waiver.
  • Take the required oath before the clerk.
  • Attend any hearing if more than one person files at the same level.
  • Receive letters of administration and begin managing the estate.

Contact Pierce Law Group

Appointing the right administrator ensures an estate moves smoothly through probate. Pierce Law Group has attorneys with extensive experience in North Carolina probate administration. If you have questions or need help filing a petition, contact us today by email at intake@piercelaw.com or call (919) 341-7055. We’ll guide you through each step.