Short Answer

Yes. In North Carolina, any interested person (including a parent who stands to inherit) may ask the Clerk of Superior Court to remove the current personal representative for legal cause and appoint a successor. Missed required filings (like the 90-day inventory or annual accounts), neglect, or misconduct can justify removal. You file in the county where the estate is being administered; the clerk will set a hearing and can compel filings or revoke the letters.

Understanding the Problem

You want to know whether you, as a North Carolina heir-parent, can ask the court to replace the other parent who is handling your child’s estate because you are not getting updates. The single decision point is: can you petition the Clerk of Superior Court in North Carolina to remove that person and appoint you (or someone else) instead?

Apply the Law

Under North Carolina law, estate oversight happens before the Clerk of Superior Court in the county where the estate is administered. An “interested person” can file a verified petition asking the clerk to revoke the current personal representative’s letters for cause and to appoint a qualified successor. Causes include failure to file the initial inventory within three months of qualification, failure to file required annual accounts, or other conduct that threatens the estate. The clerk issues an estate proceeding summons, respondents have 20 days to answer, and the clerk may hold a hearing.

Key Requirements

• Standing: You must be an “interested person” (for a child who died without a spouse or descendants, a parent is typically an heir).
• Grounds: Show a statutory reason to revoke, such as missed inventory or account deadlines, neglect, mismanagement, disqualification, or a conflict that hinders fair administration.
• Proper forum: File in the Clerk of Superior Court for the county where the estate is pending.
• Verified petition and notice: File a verified petition; the clerk issues an estate proceeding summons; the current representative has 20 days to respond.
• Successor appointment and bond: Ask the clerk to appoint a successor (you or another suitable person) and be prepared to meet any bond or nonresident requirements.

What the Statutes Say

• N.C. Gen. Stat. § 28A-9-1 (Revocation of letters after hearing) – Allows the clerk to revoke letters for statutory cause after notice and hearing.
• N.C. Gen. Stat. § 28A-9-2 (Summary revocation) – Permits revocation without hearing in limited circumstances (e.g., representative cannot be found).
• N.C. Gen. Stat. § 28A-20-1 (Inventory required) – Requires filing an inventory within three months after qualification.
• N.C. Gen. Stat. § 28A-21-1 (Accounts) – Requires annual and final accountings filed with the clerk.

Analysis

Apply the Rule to the Facts: As a parent and likely heir, you qualify as an interested person. If the other parent has not filed the 90-day inventory or the required annual account, or if there is other neglect or mismanagement, you may file a verified petition asking the clerk to revoke their letters and appoint a successor. A lack of updates alone may not be enough, but missed statutory filings or evidence of neglect supports removal.

Process & Timing

1. Who files: The concerned parent (through counsel). Where: Clerk of Superior Court in the North Carolina county where the estate is administered. What: Verified petition to revoke letters and appoint a successor; attach proof of missed filings/neglect; request issuance of an Estate Proceeding Summons (AOC‑E‑102). When: After the inventory is not filed within three months of qualification or when an annual account is overdue, or when other statutory grounds arise.
2. The clerk issues the summons; the current representative has 20 days to respond. The clerk may first issue a notice to file or an order to show cause, then set a hearing. Timeframes vary by county.
3. If the clerk revokes the letters, a successor is appointed (you or another suitable person), bond is set if required, and new letters are issued so administration can continue.

Exceptions & Pitfalls

• Lack of communication alone may not justify removal; focus on missed statutory filings, neglect, or other concrete causes.
• File in the correct county—where the estate is administered. If the estate is outside North Carolina, you must petition in that state’s court.
• Gather documents (letters of appointment, docket printouts, prior filings) to prove missed deadlines or noncompliance.
• If you live out of state, be ready to satisfy bond and resident‑agent requirements that often apply to nonresident fiduciaries.
• If a will names the current representative, the clerk may be reluctant to remove absent clear cause; consider first seeking an order compelling required filings.

Talk to a Probate Attorney

If you’re dealing with a stalled estate and need to seek removal of the current personal representative, 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.