Short Answer

In North Carolina, if a co-administrator won’t cooperate and it impairs estate administration, you can ask the Clerk of Superior Court to intervene. The clerk can order accountings, require or increase bond, compel cooperation, order mediation, or remove/suspend a personal representative for cause. Act quickly: retain counsel, respond to any removal petition, move to continue next week’s hearing and request remote appearance if needed, and ensure your 90-day inventory and annual accounting obligations are current.

Understanding the Problem

In North Carolina probate, can you make a non-responsive co-administrator cooperate and protect yourself at a removal hearing? Here, the hearing is set in Cumberland County next week, and you live out of state and cannot attend in person.

Apply the Law

North Carolina gives the Clerk of Superior Court broad authority over estate administration. Co-administrators owe fiduciary duties to gather assets, pay valid claims, and distribute properly, and they must file required inventory and accountings on time. When a co-administrator’s silence or refusal to coordinate impairs administration, the clerk may compel filings, require bond or additional security, order mediation, and, if warranted, remove or suspend a personal representative after notice and hearing. Estate hearings are held before the Clerk of Superior Court in the county where the estate is filed; parties receive notice, and appeals from clerk orders go to Superior Court. Deadlines include the inventory within three months of qualification and annual or final accountings thereafter.

Key Requirements

• Show impact on administration: Document how the co-administrator’s noncommunication delays inventory, accounting, claims handling, or distributions.
• Stay current on your duties: File the 90-day inventory and timely annual/final accounts; respond to the removal petition with proof of compliance and prudence.
• Use the correct forum: File motions/petitions in the existing estate file with the Clerk of Superior Court (Estates Division) in the county of venue.
• Seek practical relief: Move to compel cooperation or an accounting, request mediation, and ask the clerk to set or increase bond if risk to estate assets exists.
• Address the hearing logistics: Promptly move to continue the hearing for good cause and request remote appearance; local practices vary and are discretionary.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-9-1 (Removal for cause) – Clerk may revoke letters for disqualification, default/misconduct, or adverse private interest after hearing.
• North Carolina Gen. Stat. § 28A-21-4 (Order to render account) – Clerk or interested party can compel an annual account within 20 days; noncompliance can lead to removal or contempt.
• North Carolina Gen. Stat. § 28A-20-2 (Failure to file inventory) – Clerk issues order to file; continued failure can result in removal or contempt.
• North Carolina Gen. Stat. § 7A-38.3B (Mediation in matters before the clerk) – Clerk may order mediation to resolve estate disputes efficiently.

Analysis

Apply the Rule to the Facts: Your sibling’s refusal to communicate, coupled with a removal attempt, supports asking the clerk to compel cooperation or accounting and to consider mediation. Because you live out of state and cannot attend next week, promptly file a motion to continue and request remote participation; meanwhile, ensure your filings (90-day inventory and any required accountings) are on time to show you are meeting your duties. Bring proof of your communication attempts and estate recordkeeping to counter removal claims.

Process & Timing

1. Who files: You (as co-administrator). Where: Clerk of Superior Court, Estates Division, Cumberland County. What: a Response to the removal petition; Motion to Continue Hearing; Request to Appear Remotely; Motion/Petition to Compel Inventory/Accounting or Cooperation; Request for Mediation. Include supporting affidavits and exhibits (emails, letters, account statements). When: File as soon as possible and before the scheduled hearing; inventory is due within three months of qualification (AOC-E-505), and accounts annually using AOC-E-506.
2. After filing, the clerk may set a prompt hearing on your motions and require service/notice on all interested parties. Timeframes vary by county; build in mailing/service time.
3. At the hearing, the clerk can enter orders continuing the matter, permitting remote appearance, compelling filings (the clerk may issue AOC-E-501/E-502/E-503 notices and orders), ordering mediation, adjusting bond, or ruling on removal. The clerk’s order will issue and is appealable to Superior Court.

Exceptions & Pitfalls

• Noncommunication alone may not support removal; show how it impairs timely inventory, accounting, creditor handling, or asset protection.
• Out-of-state status is not, by itself, a removal ground; it becomes an issue if you fail to obey citations or required orders.
• Stay current on filings; missed inventory or accountings can trigger show-cause, contempt, or removal regardless of co-administrator conduct.
• Service matters; follow estate-proceeding notice rules so your motions can be heard.
• If one lawyer previously represented both co-administrators, conflicts may require separate counsel.

Talk to a Probate Attorney

If you’re dealing with a non-responsive co-administrator and a fast-approaching hearing, 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.