What steps can I take to remove a mismanaging co-administrator and appoint a successor under North Carolina probate law?
Detailed Answer
Under North Carolina law, a personal representative—whether an executor or administrator—must manage estate assets responsibly and in the best interests of the heirs and creditors. If a co-administrator mismanages the estate through misconduct, neglect or conflict of interest, you can ask the clerk of superior court to remove that fiduciary and appoint a successor.
Who may file the petition? Any person with an interest in the estate—such as a co-administrator, beneficiary or creditor—may petition for removal.
Grounds for removal. North Carolina General Statute § 28A-17-3 authorizes removal when a personal representative shows incompetency, misconduct, unfitness or neglect of duty. Mismanagement can include failure to collect assets, improper sales, unexplained distributions or conflicts that harm estate beneficiaries.
Step-by-step process:
- File a petition in the clerk’s office. Identify the estate, the co-administrator, and the factual basis for removal. Include an affidavit or other evidence documenting mismanagement.
- Serve a notice. Deliver a copy of the petition and a court-issued order to show cause on the co-administrator at least 10 days before the hearing. (See N.C. Gen. Stat. § 28A-17-7.)
- Attend the hearing. Present your evidence. The co-administrator may respond and present their own evidence. The clerk or judge will decide whether removal is warranted based on clear and convincing proof.
- Obtain the removal order. If the court finds cause, it will issue an order removing the co-administrator and may prohibit them from further acting on behalf of the estate.
- Appoint a successor. After removal, the clerk will appoint a successor administrator de bonis non (of the remaining goods) pursuant to N.C. Gen. Stat. § 28A-15-2. You may propose a qualified person—often the remaining co-administrator or an heir—as successor.
Key Steps at a Glance
- Identify misconduct: Document specific acts of mismanagement or neglect.
- Prepare your petition: File in the county where the estate is administered.
- Serve and notify: Give the co-administrator proper notice of the removal hearing.
- Present evidence: Show the court why removal protects estate assets and beneficiaries.
- Secure the order: Obtain the clerk’s signed order removing the co-administrator.
- Nominate successor: Propose a qualified person to assume administration duties.
Take the Next Step
Removing a mismanaging co-administrator safeguards the estate and protects beneficiaries. If you suspect a co-administrator has breached their duty, you need experienced legal guidance. Pierce Law Group’s attorneys handle North Carolina probate matters every day. Contact us now to discuss your case:
Email: intake@piercelaw.com
Phone: (919) 341-7055
