How Can I Remove an Executor from a Probate Estate in North Carolina?

1. Detailed Answer

When you believe an executor fails to fulfill duties in a North Carolina probate estate, you can ask the court to remove that executor. North Carolina law gives beneficiaries, heirs and other interested parties the right to seek removal of a personal representative under specific rules.

Who Qualifies as an Interested Party?

Any heir, beneficiary under the will, or creditor with a claim against the estate may ask the clerk of superior court to remove an executor. You must prove that you have a direct interest in the estate’s proper administration.

Grounds for Removal

North Carolina General Statute G.S. 28A-13-3 lists valid reasons to remove an executor, including:

• Willful misconduct or fraud in handling estate assets.
• Failure to keep accurate records or to provide timely accounting.
• Incapacity, incapability or neglect to perform duties.
• Conflict of interest that harms estate administration.
• Failure to post bond when required.

Executor Resignation

An executor may also step down voluntarily. Under G.S. 28A-13-2, the clerk can accept a written resignation if a successor is ready to serve.

Steps to Remove an Executor

1. Consult an attorney and review your status as an interested party.
2. Gather evidence of misconduct, such as missed deadlines or lost assets.
3. File a written petition in the clerk’s office of the county where the estate is open.
4. Serve notice on the executor and all other interested parties.
5. Attend a hearing where the court evaluates the evidence and hears testimony.
6. Obtain a court order removing the executor and naming a successor personal representative.

2. Key Points to Remember

• Only interested parties may petition for removal.
• You must prove one of the statutory grounds in G.S. 28A-13-3.
• Filing a petition triggers a court hearing and notice requirements.
• An executor may resign voluntarily under G.S. 28A-13-2.
• The court can appoint a qualified successor to protect the estate.

If an executor’s actions put estate assets at risk, removal can protect your inheritance and ensure proper distribution. Pierce Law Group handles probate administration regularly. Our attorneys guide you through petitions, hearings and all court filings. Contact us today for a clear path forward. Email us at intake@piercelaw.com or call (919) 341-7055.