Probate Q&A Series

What legal steps can I take if a co-administrator refuses to cooperate in finalizing a probate accounting?

Detailed Answer

When you serve as a co-administrator in a North Carolina probate estate, state law requires all administrators to act in concert to manage and close the estate. Under G.S. 28A-19-2, administrators must file a final account that details all receipts, disbursements, and distributions. If one co-administrator refuses to participate, you have several remedies at your disposal.

1. File a Motion to Compel an Accounting

You can petition the clerk of superior court to compel your co-administrator to file or join in the account. The court may set a deadline and impose sanctions for non-compliance. This procedural step draws directly on the court’s authority to oversee probate proceedings and enforce accounting requirements.

2. Seek Removal of the Co-Administrator

Under G.S. 28A-15-3, the court may remove any personal representative who refuses to perform required duties or who mismanages estate assets. You can present evidence of refusal to cooperate and request the clerk to remove the non-compliant co-administrator and appoint a successor or allow you to continue alone.

Statute reference: G.S. 28A-15-3.

3. Request Appointment of a Special Administrator

If relations have soured beyond repair, petition the court under G.S. 28A-15-2 to appoint a special administrator for the limited purpose of finalizing the accounting. This allows an impartial party to complete the task without further delay.

4. Ask for Sanctions or Attorney’s Fees

The clerk of superior court has discretion to award attorney’s fees or other sanctions against a personal representative who unreasonably refuses to cooperate. This encourages timely compliance and compensates the estate for legal costs.

5. Petition for Surcharge or Breach of Fiduciary Duty

If the refusal to cooperate hides mismanagement or loss of assets, you can file a petition to surcharge the administrator. The court will review the account and may hold the co-administrator personally liable for any deficit caused by breach of fiduciary duty.

Key Steps at a Glance

  • Motion to compel final accounting before the clerk of superior court.
  • Petition for removal under G.S. 28A-15-3 for refusal to perform duties. (link)
  • Request appointment of a special administrator for accounting under G.S. 28A-15-2.
  • Ask the court for sanctions or payment of attorney’s fees for non-cooperation.
  • File a surcharge petition for breach of fiduciary duty to recover any losses.

Conclusion and Next Steps

If a co-administrator’s refusal to cooperate stalls your estate’s closing, don’t wait. Pierce Law Group has attorneys experienced in probate administration. We guide you through motions, petitions, and court appearances. Contact us today to protect the estate and finalize the accounting. Email us at intake@piercelaw.com or call us at (919) 341-7055.