How can I file to serve as co-administrator of an estate with my sibling? – North Carolina

Short Answer

In North Carolina, co-administrators are appointed by the Clerk of Superior Court in the county where the estate is opened. The usual approach is for both siblings to apply to qualify together and file written consents (or renunciations) from other people in the same priority group, along with any required bond documents. If the clerk approves, the clerk issues Letters of Administration listing both co-administrators.

Understanding the Problem

In North Carolina probate, the question is how two siblings can both be appointed at the start of an intestate estate administration so each has authority to act for the estate. The decision point is whether the Clerk of Superior Court will issue Letters of Administration to more than one qualified person at the same time, rather than appointing only one administrator. The timing trigger is the initial qualification appointment, when the application and supporting consents and bond paperwork are submitted to the clerk.

Apply the Law

North Carolina allows the clerk to issue Letters of Administration to more than one qualified person when multiple people have equal priority and the clerk decides that joint appointment is appropriate for the estate. In practice, the clerk looks for (1) statutory priority to serve, (2) proof that the applicants are qualified and not disqualified, and (3) proper paperwork on consents/renunciations and bond (or a lawful waiver of bond if available). The main forum is the Estates Division of the Clerk of Superior Court.

Key Requirements

Equal priority and suitability: Both siblings must fall within a class with priority to serve (often “heirs”) and must be suitable to administer the estate.
Consents/renunciations in the same class: If other people share the same priority class (for example, other children of the decedent), the clerk commonly requires written renunciations or written consents before issuing letters, even if two siblings apply together.
Bond and qualification documents: Unless an exception applies, the clerk requires a bond for an administrator; if bond can be waived, the clerk generally requires a written waiver signed by all adult heirs and may still require bond if an administrator is not a North Carolina resident.

What the Statutes Say

N.C. Gen. Stat. Chapter 28A (Administration of Decedents Estates) – Contains the rules on who has priority to serve as administrator, when the clerk may appoint more than one administrator, renunciation/notice concepts, and bond requirements.

Analysis

Apply the Rule to the Facts: The facts indicate a plan to qualify imminently and a need for an agreement naming both siblings as co-administrators. Under North Carolina practice, the key is presenting the clerk with a joint filing package that shows both siblings have priority (usually as heirs), that any other equal-priority relatives have provided written consents/renunciations, and that bond requirements are satisfied (either by a bond, or by a valid waiver if available). If the clerk accepts the filing, the Letters of Administration can list both co-administrators, giving each authority to act for the estate.

Process & Timing

Who files: Both siblings as applicants. Where: Estates Division of the Clerk of Superior Court in the North Carolina county where the decedent lived at death (or the proper venue county if different). What: Commonly the Application for Letters of Administration (AOC-E-202) for an intestate estate, plus supporting documents the clerk requires (death evidence, heir information, and co-administrator paperwork such as consents/renunciations). When: As soon as practical after death; delays can affect priority if a person entitled to serve does not apply after the clerk gives notice.
Bond review and signature step: If a bond is required, the clerk will set the bond amount and require execution of the bond paperwork (often with a surety). If bond is being waived, the clerk typically requires a written waiver signed by all adult heirs and will not allow heirs to waive bond for a nonresident administrator.
Qualification and issuance of letters: After the clerk reviews the application package and any required signatures/identifications, the clerk administers the qualification oath/acknowledgment and issues Letters of Administration listing both siblings as co-administrators.

Exceptions & Pitfalls

Other equal-priority relatives: When multiple people share the same priority class, missing renunciations/consents commonly delays appointment or results in the clerk choosing a different administrator.
Bond surprises: Bond is often required in intestate estates. A waiver generally requires all adult heirs to agree, and nonresident administrators usually cannot use an heir waiver to avoid bond.
Co-administrator logistics: Two administrators can slow day-to-day administration if financial institutions require both signatures or if co-administrators disagree. Clear written ground rules help, but the clerk still controls the appointment decision.

Conclusion

In North Carolina, siblings can serve as co-administrators if the Clerk of Superior Court approves issuing Letters of Administration to more than one qualified person. A strong filing package usually includes a joint application, written consents or renunciations from others with equal priority, and the required bond paperwork (or a valid bond waiver if available). The next step is to file the joint application and supporting co-administrator paperwork with the Estates Division of the Clerk of Superior Court as soon as possible.

Talk to a Probate Attorney

If a family is trying to qualify as co-administrators and needs the paperwork set up correctly for the clerk, our firm has experienced attorneys who can help explain the process, prepare the agreement and related filings, and track deadlines. 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.