Short Answer

Yes. In North Carolina, co-executors generally must act together (or by majority if there are more than two) on major decisions like hiring or firing a realtor. If a co-executor tries to remove the listing agent without the required consent, you can petition the Clerk of Superior Court in the estate proceeding to get instructions or an order maintaining the current arrangement while the dispute is resolved.

Understanding the Problem

In North Carolina probate, can a co-executor stop another co-executor from removing the listing agent while an estate-owned house is already under contract and approaching closing? Here, one co-executor wants to switch realtors, and one salient fact is that the buyer is in due diligence with a deposit pending financing. The decision affects closing timelines and the estate’s duties under the contract.

Apply the Law

Under North Carolina law, co-executors are fiduciaries who must manage the estate in the best interests of all interested persons. Co-executors typically must act jointly (if two) or by majority (if three or more) for core acts, including employing professionals like brokers. Personal representatives have broad authority to manage assets, complete the decedent’s contracts, and hire advisors, but these powers for joint representatives are subject to the joint-action rule unless a clerk-approved written allocation says otherwise. Disputes between co-executors over administration can be brought to the Clerk of Superior Court as an estate proceeding for instructions or orders. The main forum is the Clerk of Superior Court in the county where the estate is administered, and hearings are set after service on the other co-executors.

Key Requirements

• Joint decision rule: If there are two co-executors, both must join major acts; if more than two, a majority controls unless the will or a court order says otherwise.
• Employing advisors: Co-executors may hire or retain a realtor, but the decision must follow the joint-action rule unless a clerk-approved allocation authorizes one co-executor to handle that task.
• Best-interest standard: All actions must be prudent and in the estate’s best interests, including protecting value and meeting contract obligations.
• Existing contracts: Personal representatives may (and often must) complete the decedent’s or estate’s binding sale contracts; unapproved agent changes that jeopardize closing can breach duties.
• Forum and relief: A co-executor may file an estate proceeding with the Clerk of Superior Court for instructions, to compel cooperation, or to restrain unilateral changes; persistent misconduct can lead to removal for cause.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-13-6 (Joint personal representatives) – Joint action required unless powers are properly allocated and approved.
• North Carolina Gen. Stat. § 28A-13-3 (Powers of personal representative) – Broad powers to manage assets, hire advisors, and complete contracts.
• North Carolina Gen. Stat. § 28A-2-6 (Estate proceedings procedures) – How to petition the Clerk, serve parties, and obtain a hearing.
• North Carolina Gen. Stat. § 28A-9-1 (Revocation of letters) – Removal after hearing for default, misconduct, or adverse private interest.

Analysis

Apply the Rule to the Facts: Because co-executors must act together (or by majority), a single co-executor may not unilaterally remove the listing agent while the house is under contract. The buyer’s due diligence and deposit mean the estate already has obligations to move toward closing; a sudden agent switch could risk delay or breach, which is not in the estate’s best interests. Given missed accountings and exclusion from communications, you can seek an order compelling cooperation and maintaining the current agent through closing, or, if needed, request further relief.

Process & Timing

1. Who files: A co-executor opposing the removal. Where: Clerk of Superior Court in the county where the estate is administered in North Carolina. What: Verified petition for instructions/orders in an estate proceeding, with an Estate Proceeding Summons (AOC‑E‑102). When: File promptly—ideally before any termination notice to the listing agent or key contract deadlines.
2. After filing and service, the Clerk sets a hearing. Timeframes vary by county; request an expedited or interim order if the closing timeline is tight.
3. The Clerk issues an order (for example, directing joint action, keeping the current agent through closing, compelling accountings, or setting decision-making parameters). If misconduct persists, you may file a separate petition to remove a co-executor for cause.

Exceptions & Pitfalls

• If the will or a clerk-approved allocation gives one co-executor authority to employ advisors (including brokers), that allocation controls unless modified by the court.
• Unilateral changes risk breaching the listing agreement or the purchase contract; get a court order before altering the agent mid-transaction.
• Failure to share inventories/accounts or key communications can be enforced by motions to compel and, in serious cases, support removal proceedings.

Talk to a Probate Attorney

If you’re dealing with a co-executor dispute over changing the listing agent while a sale is pending, 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.