What’s the process to remove a co-executor for mismanaged estate assets in North Carolina probate?

Detailed Answer

When a co-executor mishandles estate assets, beneficiaries and other fiduciaries can petition the clerk of superior court to remove that co-executor. North Carolina law lays out the steps and grounds for removal to protect the estate and its heirs.

Grounds for Removal

Under N.C.G.S. § 28A-15-7, the clerk may remove a personal representative for:

• Willful misconduct
• Gross negligence
• Failure to file an inventory, account, or bond when required

Filing a false accounting or misappropriating funds clearly qualifies as misconduct or gross negligence.

Filing the Petition

To start, you must prepare and file a written petition for removal with the clerk of superior court in the county handling the estate. The petition should include:

• The decedent’s name and date of death
• The estate file number
• Specific allegations of mismanagement or misconduct
• Any relevant evidence, such as accountings, bank records, or communications

The petition relies on N.C.G.S. § 28A-15-16, which governs petitions to allow or disallow accounts and remove fiduciaries.

Notice and Hearing

Once you file, North Carolina law requires you to serve notice on:

• The co-executor named in the petition
• All other personal representatives
• All beneficiaries under the will or intestacy

The clerk will schedule a hearing. At that hearing, you must prove by a preponderance of the evidence that removal serves the estate’s best interests and protects the heirs.

Clerk’s Decision and Successor Appointment

If the clerk finds sufficient grounds, the court will issue an order removing the co-executor. The order may also:

• Require the co-executor to file a final accounting
• Impose sanctions or bond claims to cover losses
• Appoint a successor personal representative or allow remaining executors to continue

After removal, the clerk may require the new fiduciary to post bond and file updated inventories and accounts under N.C.G.S. § 28A-13-3.

Key Steps to Remove a Co-Executor for Mismanagement

• 1. Consult an attorney familiar with North Carolina probate procedures.
• 2. Gather detailed evidence of mismanagement.
• 3. Draft and file a petition under N.C.G.S. § 28A-15-16.
• 4. Serve notice to all interested parties.
• 5. Attend the clerk’s hearing and present proof.
• 6. Obtain the removal order and appoint a successor fiduciary.
• 7. Ensure the successor files bond, inventories, and accounts as required.

Removing a co-executor for mismanaged assets protects the estate and the beneficiaries. Pierce Law Group has experienced attorneys who guide you through each step under North Carolina probate law. Contact us today to discuss your situation. Email intake@piercelaw.com or call us at (919) 341-7055 to schedule a consultation.