What Can I Do If I Disagree with the Executor’s Actions in North Carolina

Understanding Your Options Under North Carolina Law

When an executor manages an estate, beneficiaries must trust the executor to follow North Carolina law. Under N.C. Gen. Stat. § 28A-13-1, executors must act impartially, keep accurate records and protect estate assets. If you suspect the executor has breached these duties, you have several options to address your concerns.

First, request an accounting. North Carolina law allows any interested person to petition the clerk of superior court for a formal accounting under N.C. Gen. Stat. § 28A-19-1. This document details all receipts, disbursements and distributions. Reviewing it may resolve misunderstandings or highlight irregularities.

If the accounting reveals mismanagement, beneficiaries can petition the court to remove the executor. Under N.C. Gen. Stat. § 28A-18-1, the court may remove an executor for misconduct, incapacity, conflict of interest or failure to perform duties.

When conflicts arise over interpretation of the will, you may seek instructions from the court. A petition for instructions under N.C. Gen. Stat. § 28A-2-1 helps clarify distribution questions and prevents further disputes.

In some cases, mediation or settlement conferences offer a cost-effective way to resolve disagreements. If those efforts fail, you can file a civil action against the executor for breach of fiduciary duty. The court may order damages or surcharge the executor’s estate account.

Key Steps to Challenge an Executor’s Actions

• Review the Will and Fiduciary Duties: Confirm executor obligations under Chapter 28A.
• Request a Formal Accounting: File a petition under N.C. Gen. Stat. § 28A-19-1.
• Petition for Removal: Pursue executor removal under N.C. Gen. Stat. § 28A-18-1 if you find misconduct.
• Seek Court Instructions: Clarify will terms via N.C. Gen. Stat. § 28A-2-1.
• Explore Mediation: Use a neutral forum to narrow issues and reach agreement.
• File a Civil Lawsuit: Claim breach of fiduciary duty and seek damages or surcharge.

If you disagree with an executor’s decisions, you do not have to face the process alone. Pierce Law Group has experienced attorneys who guide clients through every step of probate and estate administration. For a consultation, email us at intake@piercelaw.com or call (919) 341-7055. Let us help you protect your rights under North Carolina probate law.