How Can I Cancel a Scheduled Probate Hearing After Filing an Implied Renunciation in North Carolina?
Detailed Answer
When you file a petition to open probate or to qualify as personal representative in North Carolina, the clerk of superior court usually schedules a hearing. If you decide not to serve—whether by formally filing a written renunciation under G.S. 28A-22-1 or by allowing the qualification period to lapse and thereby triggering an implied renunciation under G.S. 28A-22-3—you need to remove the pending hearing from the court calendar.
An implied renunciation occurs when a qualified fiduciary fails to take the oath and post bond within 60 days after appointment. This silence equates to a refusal to serve. Once that refusal is clear, you no longer pursue the relief requested in your petition; instead, you work with the clerk to cancel the scheduled hearing.
Follow these steps:
- Prepare a Notice of Withdrawal or Motion to Cancel Hearing. Draft a short pleading stating that you have renounced or impliedly renounced your right to serve. Cite North Carolina General Statutes § 28A-22-1 (Renunciation in Writing) and § 28A-22-3 (Refusal to Qualify).
- File and serve the notice or motion. Submit the document to the clerk’s office before the hearing date. Serve copies on all interested parties, including heirs, creditors, and any co-petitioners.
- Confirm with the clerk. Call or visit the clerk’s office after filing. Ask the clerk to remove or continue the hearing based on your renunciation. Some clerks will enter an order on the spot; others may require a short order signed by a judge.
- Obtain a written order. If the clerk or judge issues an order canceling or continuing the hearing, get a certified copy for your file and serve it on all parties. This formalizes the cancellation and prevents confusion.
- Monitor next steps. Once you renounce, the court will move to appoint the next qualified person to administer the estate. Stay informed so that any future hearings stay on track without duplicating your original appointment.
Key Points to Remember
- Implied renunciation arises automatically if you fail to qualify within 60 days of appointment (G.S. 28A-22-3).
- File a Notice of Withdrawal or Motion to Cancel Hearing as soon as you decide not to serve.
- Always serve all interested parties and confirm with the clerk’s office to avoid missed deadlines.
- Keep copies of every filing and signed order to document the cancellation.
If you need help cancelling a probate hearing or guiding an estate through administration after a renunciation, Pierce Law Group has experienced attorneys ready to assist. Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055.
