How do I compel co-executors in North Carolina to file and probate a decedent’s will?
Detailed Answer
When a person dies leaving a valid will in North Carolina, the named executors must promptly file the original will with the clerk of superior court. Under N.C. Gen. Stat. § 28A-6-1, an executor has 30 days from the testator’s date of death to qualify and open probate by presenting the will for probate. If co-executors fail to take these steps, interested parties can ask the court to enforce executor duties or remove an underperforming co-executor.
Key methods to compel co-executors:
- Review the will and appointment. Confirm the will names co-executors and note deadlines for filing and qualification.
- Send formal notice. Deliver a certified letter asking the co-executor to file and qualify within a set period.
- File a Petition for Citation and Admonition. Under N.C. Gen. Stat. § 28A-6-15, petition the clerk to issue a citation ordering the co-executor to appear and explain inaction.
- Request removal for neglect. If the co-executor still fails, file a Petition for Removal under N.C. Gen. Stat. § 28A-6-4 or § 28A-6-15, citing neglect or refusal.
- Seek appointment of a successor. Upon removal, the court can appoint a successor personal representative under N.C. Gen. Stat. § 28A-6-3.
Each petition must include the original will, proof of death, a clear statement of facts, and service on all interested parties. The clerk will schedule a hearing. At that hearing, the court reviews evidence before ordering compliance or removal.
Checklist for Compelling Co-Executors
- Confirm filing deadline: 30 days under § 28A-6-1.
- Document written notifications and responses.
- Prepare a Petition for Citation and Admonition: § 28A-6-15.
- File a Petition for Removal if neglect persists: § 28A-6-4.
- Request successor appointment: § 28A-6-3.
- Attend court hearings and present evidence.
- Act quickly to protect estate assets and beneficiaries’ interests.
Contact Pierce Law Group for Guidance
If co-executors refuse to file or probate a will, you need reliable legal support. The attorneys at Pierce Law Group guide you through petitions, hearings, and court procedures to enforce executor duties. Email intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.
