Detailed Answer

When you suspect someone is managing a loved one’s probate estate without proper authority, you must act promptly. North Carolina law sets clear rules on who may serve as personal representative and how they must handle estate assets. Unauthorized management may include taking money, selling property, or making decisions without court approval.

Your first step is to confirm who the court has appointed as personal representative. You can request a copy of the Letters Testamentary or Letters of Administration from the clerk of superior court. These documents show who holds authority over estate assets. If someone is acting without one of these letters, they lack legal authority.

Next, review the statutory duties of a personal representative. Under N.C.G.S. § 28A-7-1, the personal representative must inventory estate assets, collect and preserve them, and pay valid debts. They must file an inventory within three months of appointment (N.C.G.S. § 28A-13-4) and a final accounting before distribution.

If someone ignored these requirements or used estate assets for personal gain, you can challenge that behavior. North Carolina law allows interested parties—such as heirs or creditors—to file a motion in the probate court. You can ask the court to:

• Order a formal accounting.
• Remove the personal representative for misconduct or failure to perform duties (N.C.G.S. § 28A-18-2).
• Require the personal representative to restore or return misappropriated assets.
• Pursue a surety bond claim if the representative’s bond did not cover losses (N.C.G.S. § 28A-21-1).

To start these actions, you file a verified petition in the clerk’s office of the county where probate is pending. Include facts that show unauthorized acts or misuse of estate property. Attach any records you have—bank statements, deeds, or correspondence—to support your case.

After you file, the court will set a hearing. The personal representative must appear and explain their actions. If the court finds mismanagement, it can remove the representative, order them to account for assets, and award replacement damages. In severe cases, the court may refer the matter to criminal authorities for embezzlement or conversion.

Key Steps to Protect an Estate

1. Confirm legal authority. Obtain Letters Testamentary or Letters of Administration from the probate court.
2. Review statutory duties. Compare actual actions to requirements under N.C.G.S. Chapter 28A.
3. Gather evidence. Collect bank records, property deeds, and correspondence showing unauthorized acts.
4. File a petition. Ask the court for an accounting, removal of the representative, or bond claim.
5. Attend the hearing. Present your evidence and witnesses to support your allegations.
6. Enforce the order. If the court rules in your favor, follow up to recover or restore estate assets.