Short Answer

In North Carolina, you renounce your right to serve by filing a signed and acknowledged renunciation with the Clerk of Superior Court before letters are issued. Use the court form titled “Renunciation of Right to Qualify for Letters Testamentary or Letters of Administration” (AOC-E-200). If you do not qualify or renounce within 30 days (after probate in a will case or after death in an intestate case), the clerk or an interested person can initiate a process that deems you to have renounced. You may also nominate another qualified person in writing.

Understanding the Problem

You want to know how, under North Carolina probate law, a sibling can renounce the right to serve so only the other sibling is appointed as the personal representative. One signed renunciation exists, but a later filing added a co‑personal representative, creating conflicting paperwork. The goal is to ensure the clerk accepts a single‑representative application and honors the renunciation.

Apply the Law

North Carolina law recognizes two ways to give up the right to serve: (1) an express renunciation filed in writing with the clerk; and (2) an implied renunciation if the person fails to qualify or renounce within set timelines after notice. The forum is the Clerk of Superior Court (Estates Division) in the county where the estate is administered. Timelines include a 30‑day window to act and, if notice issues, a 15‑day response period; in intestate cases, after 90 days the clerk may treat all prior rights as renounced and appoint a suitable person.

Key Requirements

• File a written, acknowledged renunciation: Submit AOC‑E‑200, signed and notarized (or otherwise proved), to the Clerk of Superior Court before letters are issued.
• Identify your status: Whether you are a named executor (will case) or someone with priority to administer (intestate or administrator c.t.a.), the same renunciation mechanism applies.
• Nominate if desired: You may nominate another qualified person in the renunciation; the nominee takes your priority, but must be legally qualified and still must be approved by the clerk.
• Address equal/higher priority persons: If others have equal or higher appointment rights and have not renounced, the applicant typically must give 15‑days’ written notice before letters can issue.
• Mind the timelines: If you do not act within 30 days (post‑probate in will cases or post‑death in intestacy) and then fail to respond to a clerk’s notice within 15 days, the clerk can enter an order deeming renunciation; in intestacy, after 90 days of inaction the clerk may deem prior rights renounced.

What the Statutes Say

• North Carolina Gen. Stat. § 28A‑5‑1 (Renunciation by named executor) – Allows a named executor to renounce by filing a signed writing; provides implied renunciation process after notice.
• North Carolina Gen. Stat. § 28A‑5‑2 (Renunciation of right to administer) – Allows those entitled to administer to renounce; includes implied renunciation timelines and nomination.
• North Carolina Gen. Stat. § 28A‑4‑1 (Priority to be appointed) – Sets the order of who has priority to serve and when co‑appointments may be made.
• North Carolina Gen. Stat. § 28A‑6‑2 (Notice before issuing letters) – Requires notice to equal or higher‑priority persons who have not renounced before letters are issued.

Analysis

Apply the Rule to the Facts: One sibling has already signed a renunciation, which satisfies the express renunciation rule if filed with the clerk on AOC‑E‑200. The later application that added a co‑personal representative conflicts with the plan for a single representative; the clerk will either expect both to qualify or see valid renunciations from those with equal priority. To align the file, submit the renunciation to the clerk and refile a clean application signed only by the intended sole personal representative so the clerk can issue letters to one person.

Process & Timing

1. Who files: The sibling who is giving up the right to serve. Where: Clerk of Superior Court (Estates Division) in the county of venue. What: AOC‑E‑200 (Renunciation of Right to Qualify). If the other sibling will serve alone, that sibling files AOC‑E‑201 (Application for Probate and Letters) for a will case or AOC‑E‑202 (Application for Letters of Administration) for an intestate case. When: File the renunciation before letters are issued; if notice is served, respond within 15 days; act within the initial 30‑day window to qualify or renounce.
2. After filing, the clerk reviews priority and paperwork. If equal‑priority persons have not renounced, 15‑day written notice may be required before letters issue. Correct or withdraw any conflicting application that lists co‑personal representatives if only one should serve. Timing varies by county.
3. The clerk enters an order authorizing issuance and then issues Letters (AOC‑E‑403) to the sole personal representative. Administration proceeds under the clerk’s supervision.

Exceptions & Pitfalls

• Renunciation vs. resignation: Once you have qualified and letters have issued, you cannot “renounce”; you must seek resignation by verified petition and account filing.
• Use the correct form: Chapter 31B disclaimers renounce inheritance rights, not the office. To give up the role, file AOC‑E‑200 with the clerk.
• Nomination limits: A nominee takes your priority but must be legally qualified; the clerk is not required to appoint the nominee.
• Co‑appointments: If both siblings apply, the clerk may appoint both or choose one based on who is most likely to administer advantageously. To have one person, ensure others of equal priority renounce or receive required notice.
• Form execution: The renunciation must be signed and acknowledged (notarized) or otherwise proved to the clerk’s satisfaction.

Talk to a Probate Attorney

If you’re navigating a renunciation or need to correct conflicting estate filings, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.