What are the grounds and procedure to remove a co-executor? – North Carolina

Short Answer

In North Carolina, the Clerk of Superior Court can remove (revoke the “letters” of) a personal representative, including an executor or co-executor, for specific statutory reasons such as disqualification, misconduct or breach of fiduciary duty, appointment obtained by mistake or false statements, or a conflict that threatens fair administration. Removal typically starts with a verified petition filed in the estate file, followed by notice and a clerk’s hearing. If removal is ordered, the removed co-executor loses authority and must turn over estate property and complete a final accounting.

Understanding the Problem

Under North Carolina probate practice, a common question is: when co-executors are named for a parent’s estate and one co-executor blocks the administration, can the other co-executor ask the Clerk of Superior Court to remove the co-executor, and how does that removal process work? The decision point is whether a legally recognized ground exists to revoke that co-executor’s authority and, if so, what steps must be taken in the estate proceeding to request revocation and replacement.

Apply the Law

North Carolina treats “removing a co-executor” as revoking that person’s letters testamentary (or letters of administration). The Clerk of Superior Court has original jurisdiction over estate administration and has authority to revoke letters when statutory grounds exist. Some situations allow a faster, “summary” path, but many cases require notice and a hearing where the petitioner proves one or more statutory grounds.

Key Requirements

Standing (an “interested person”): The request must come from someone with a recognized stake in the estate administration (commonly an executor, heir, or beneficiary) who can ask the clerk to act in the estate file.
A statutory ground for revocation: The petition must allege facts showing disqualification (at appointment or later), appointment obtained by mistake or false representation, breach of fiduciary duty through default or misconduct, or a private interest that could hinder fair administration.
Proper estate-proceeding process: The matter is heard by the Clerk of Superior Court in the estate proceeding, with required notice/service and an opportunity to be heard before revocation is entered (unless a limited summary-revocation situation applies).

What the Statutes Say

N.C. Gen. Stat. Chapter 28A, Article 9 (Revocation of letters / removal of personal representative) – Establishes the grounds and clerk procedure to revoke an executor’s or administrator’s authority and address the effect of revocation, including turning over estate assets and accounting.

Analysis

Apply the Rule to the Facts: The facts describe co-executors for a parent’s estate where the main asset is a motor vehicle, and one sibling keeps the title and keys while wanting to pursue a different probate path. If the sibling’s conduct prevents proper administration (for example, refusing to surrender estate property needed to complete the administration) or shows a conflict or other misconduct, those facts can support a petition alleging breach of fiduciary duty or an adverse private interest. If the sibling was not properly qualified to serve (including qualification issues that arise due to nonresidency or failure to maintain required in-state arrangements), that can also be relevant to removal, depending on how the clerk issued the letters and what requirements applied.

Process & Timing

Who files: An interested person (often the acting co-executor or an heir/beneficiary). Where: The North Carolina Clerk of Superior Court in the county where the estate file is opened. What: A verified petition requesting revocation/removal of the co-executor’s letters, filed in the estate proceeding, plus an estate proceedings summons and service paperwork if required in that county for contested estate matters. When: As soon as the grounds exist and the issue is interfering with administration; North Carolina law does not treat removal as a “wait until the end” remedy.
Notice and hearing: The clerk typically schedules a hearing and requires proper service/notice on the co-executor and other required parties. At the hearing, the petitioner presents evidence (documents and testimony) that one or more statutory grounds exists.
Order and next steps: If the clerk revokes the co-executor’s letters, the co-executor is divested of authority. The clerk can address succession (who serves next) and will require the removed co-executor to surrender estate assets and complete a final accounting.

Exceptions & Pitfalls

“Removal” is not the same as “disagreement”: A co-executor can disagree about strategy without meeting a statutory removal ground. The petition should focus on provable misconduct, disqualification, mistake/false statements in qualification, or a disabling conflict.
Evidence problems: Successful removal petitions usually attach concrete proof (refusal to turn over estate property, failure to follow clerk orders, self-dealing indicators, or other facts showing default/misconduct), rather than broad accusations.
Service and case posture: Contested estate matters can require specific summons/service steps; mistakes in service or naming parties can delay a hearing or lead to dismissal.
Asset recovery may be a separate request: If a co-executor is holding estate property (like a vehicle title or keys), removal may need to be paired with a request for an order requiring surrender/turnover of estate property so the estate can be administered.

Conclusion

In North Carolina, a co-executor can be removed only if the Clerk of Superior Court finds a statutory ground to revoke that person’s letters, such as disqualification, appointment obtained by mistake or false statements, breach of fiduciary duty through default or misconduct, or a conflict that threatens fair administration. The usual procedure is to file a verified petition in the estate proceeding, complete required notice/service, and prove the grounds at a clerk’s hearing. The next step is to file the removal petition with the Clerk of Superior Court promptly once the issue is interfering with administration.

Talk to a Probate Attorney

If a co-executor is blocking an estate administration or holding estate property, our firm has experienced attorneys who can help explain removal options, required filings, and timelines in North Carolina. Call us today at (919) 341-7055.

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.