How does a personal representative resign in North Carolina probate and how is a successor selected?

1. Detailed Answer

In North Carolina probate, a personal representative (sometimes called an executor or administrator) may step down before completing estate administration. State law sets out the steps for resignation and the process for selecting a new fiduciary. Follow these procedures to ensure a smooth transition and protect the interests of heirs and creditors.

Resignation of a Personal Representative

North Carolina General Statutes provide the mechanism for a personal representative to resign. Under N.C. Gen. Stat. § 28A-13-7, a fiduciary may resign by filing a formal petition with the clerk of superior court. The petition should:

• Identify the estate and the court file number.
• State the personal representative’s name and address.
• Explain the reason for resignation (for example, ill health or a conflict of interest).
• Include written consent of all sureties if the representative is bonded.

Once the clerk accepts the petition, the court enters an order acknowledging the resignation and declaring the office vacant. If the representative has completed the final accounting, the court may accept that report and close the estate as part of the resignation process.

Vacancy and Successor Appointment

After the resignation takes effect, a vacancy arises in the office of personal representative. State law governs who steps into that role next:

1. Testate Estates (With a Valid Will)

Under N.C. Gen. Stat. § 28A-13-8, the clerk first looks to the person nominated in the decedent’s will. If that person is qualified and willing, the clerk issues letters testamentary. If the nominated person declines or is unable to serve, the clerk moves to the next priority under intestacy law.

2. Intestate Estates (No Valid Will or No Nominee Available)

North Carolina provides an order of priority for administrators under N.C. Gen. Stat. § 28A-13-10. The clerk considers:

• Surviving spouse.
• Children or their descendants.
• Parents or their descendants.
• Other next of kin in equal degree.
• A public administrator if no private person qualifies.

Once a successor is identified, the clerk issues letters of administration. The new representative must qualify by taking an oath and, if required, providing bond under Chapter 28A, Article 3.

2. Key Points to Remember

• File a written petition for resignation with the clerk of superior court (§ 28A-13-7).
• Obtain written consent of any surety if a bond is in place.
• Vacancy triggers successor appointment under § 28A-13-8 and § 28A-13-10.
• For estates with a will, priority goes to the named executor. Otherwise, intestacy rules apply.
• Successors must qualify by oath and bond before acting.

Contact Pierce Law Group for Help

If you need guidance on resigning as a personal representative or navigating successor appointment, turn to Pierce Law Group. Our attorneys know North Carolina probate inside and out. Email us at intake@piercelaw.com or call (919) 341-7055. Let us help you protect the estate and honor your loved one’s wishes.