Short Answer

In North Carolina, you file a verified petition with the Clerk of Superior Court to contest the issuance of Letters of Administration. There is no preprinted AOC form for this objection. The clerk will issue an Estate Proceeding Summons (AOC-E-102) for service on the applicant and other interested parties. If letters have already been issued, you instead file a verified petition to revoke the letters.

Understanding the Problem

You’re in North Carolina probate. A relative has applied to be administrator of an intestate estate, and you need to object before the Clerk of Superior Court issues Letters of Administration. You and the decedent co-owned a house. You want to know the exact filing you must submit at the courthouse to raise your objection.

Apply the Law

North Carolina allows any interested person to challenge who will serve as administrator. Before letters are issued, you do this by filing a verified petition with the Clerk of Superior Court to contest the issuance of Letters of Administration. After letters are issued, you seek revocation through a verified petition and a hearing. The estates division of the Clerk of Superior Court is the forum. The key timing rule is to object before letters are issued; otherwise, you must proceed by revocation.

Key Requirements

• Standing (Interested Person): You must have a stake in the estate (for example, an heir, surviving spouse, creditor, or someone affected by the administration).
• Verified Petition: File a sworn petition stating the facts, your basis to object (priority or disqualification/unsuitability of the applicant), and the relief requested.
• Timing: File the objection before Letters of Administration are issued; if already issued, file a petition to revoke letters.
• Service and Hearing: The clerk issues AOC-E-102 (Estate Proceeding Summons); you serve respondents under Rule 4, and the clerk holds a hearing to decide who should serve.
• Grounds: Show you have equal or higher priority to serve or that the applicant is disqualified or unsuitable, or that the estate’s best interests require a different appointment.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-6-4 (Contesting issuance of letters) – Allows an interested person to petition the clerk, before letters issue, to contest who should be appointed.
• North Carolina Gen. Stat. § 28A-9-1 (Revocation of letters) – Sets grounds and procedure to revoke letters after appointment.
• North Carolina Gen. Stat. § 28A-4-1 (Priority to serve) – Lists the order of persons entitled to serve, subject to the estate’s best interests.
• North Carolina Gen. Stat. § 28A-4-2 (Disqualifications) – Identifies who cannot serve (e.g., certain nonresidents, felonies without restored rights, unsuitable persons).

Analysis

Apply the Rule to the Facts: Because the decedent died intestate and you have not applied for letters, you may still object as an interested person. File a verified petition with the clerk before letters are issued, explaining why the relative lacks priority, is disqualified/unsuitable, or why the estate’s best interests favor a different administrator. Your co-ownership of the home supports your standing and interest in proper administration.

Process & Timing

1. Who files: An interested person. Where: Clerk of Superior Court (Estates Division) in the county where the decedent was domiciled. What: Verified Petition to Contest Issuance of Letters of Administration (no AOC form); ask the clerk to issue AOC-E-102 (Estate Proceeding Summons). When: File before Letters of Administration are issued; if already issued, file a Verified Petition to Revoke Letters.
2. Serve the AOC-E-102 and petition on the applicant and other required respondents using Rule 4 service. After service, the clerk sets a hearing; timelines can vary by county but typically occur within weeks after service is complete.
3. Attend the hearing. The clerk decides who should serve and issues the order. If a different person is appointed, the clerk issues Letters of Administration (AOC-E-403) to that person.

Exceptions & Pitfalls

• If letters have already been issued, you cannot “object” to issuance; you must seek revocation and meet statutory grounds.
• Priority can be lost by implied renunciation over time; if no higher-priority person applies within a period after death, the clerk may appoint another suitable person.
• Nonresident appointees must appoint a resident process agent; failure can be a disqualification issue.
• Do not rely on a letter or phone call—file a sworn (verified) petition and ensure proper Rule 4 service via AOC-E-102.
• Identify and join all necessary respondents (e.g., heirs) to avoid delay or dismissal.

Talk to a Probate Attorney

If you’re dealing with an objection to who will serve as estate administrator, our firm has experienced attorneys who can help you understand your options and timelines. 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.