1. Detailed Answer

In North Carolina, a personal representative must handle all estate assets, including any wrongful death claim. If you wish to step aside and let someone else serve, you use Form E200, the Renunciation of Right to Appointment. After renouncing, the next eligible person may petition the clerk of superior court to open the estate and seek appointment as administrator or executor. Once appointed, that representative can file and prosecute a wrongful death action under North Carolina law.

Step A: Fill Out Form E200
• Download E200 from the North Carolina Judicial Branch website.
• Complete your name, decedent’s name, and county (use statewide form).
• Sign the form before a clerk or notary.
• File the original with the clerk of superior court in the county where the decedent lived and send copies to other heirs or nominated fiduciaries.

Step B: Petition to Open the Estate
• Prepare a petition for probate of the will or for appointment of an administrator under G.S. 28A-6-1.
• Attach Form E200 to show you renounced your right.
• File the petition, paid fees, and give notice to interested parties as required by G.S. 28A-6-2.
• The clerk will issue letters of administration to the next qualified individual.

Step C: Filing the Wrongful Death Action
• Once letters of administration issue, the personal representative gains authority to sue on behalf of the estate under G.S. 1-53.
• File the wrongful death complaint in the proper superior court within two years of the decedent’s death per G.S. 143-300.
• Serve defendants and pursue damages on behalf of surviving heirs and the estate.

2. Key Points to Remember

• Form E200 must be filed before the clerk issues any letters of administration.
• A renouncing individual cannot later revoke that decision.
• Notice of renunciation must go to all interested parties under G.S. 28A-11-4.
• The personal representative handles estate assets, including wrongful death claims.
• Wrongful death suits have a strict two-year deadline.
• Clerks’ fees and publication or notice costs vary by county but follow statewide rules.

Contact Pierce Law Group for Help

Handling a renunciation and wrongful death claim can feel complex. Our attorneys at Pierce Law Group guide you through every step. If you need help using Form E200 or opening an estate for a wrongful death action, reach out today. Email us at intake@piercelaw.com or call (919) 341-7055. Let us protect your rights and navigate North Carolina probate rules on your behalf.