Short Answer

Yes. In North Carolina, any interested person (including a beneficiary) may ask the Clerk of Superior Court to revoke an executor’s letters and appoint a successor when the executor is neglecting duties or violating fiduciary obligations. The clerk can also order the executor to file an accounting within 20 days and, if the executor fails, remove them or hold them in contempt. The case is filed in the county where the estate is pending.

Understanding the Problem

You want to know if, in North Carolina, a beneficiary can ask the Clerk of Superior Court to remove or replace an executor who will not respond, provide information, or make distributions. Here, the beneficiary learned about her inheritance two years after her aunt’s death and has received no information despite repeated requests.

Apply the Law

Under North Carolina law, the Clerk of Superior Court oversees estate administration. A beneficiary may file an estate proceeding to (1) compel the executor to account or (2) seek revocation of the executor’s letters and appointment of a successor. The clerk can issue orders requiring an accounting within 20 days and may remove the executor for failing to perform required duties. Required filings and service use estate-proceeding procedures, and hearings occur before the clerk. Annual and final account deadlines apply; the clerk often enforces them through notice and show-cause orders.

Key Requirements

• Interested person: You must be an heir, devisee, beneficiary, or other party with a legal interest in the estate.
• Grounds for removal: Show disqualification, false representation/mistake in appointment, breach of duty through default or misconduct (such as failure to inventory, account, communicate, or distribute), or a conflicting private interest that threatens fair administration.
• Clerk’s enforcement tools: The clerk may order a full, satisfactory account within 20 days; if ignored, the clerk may remove the executor or use contempt to compel compliance.
• Forum and service: File in the Clerk of Superior Court where the estate is administered; serve respondents with an Estate Proceeding Summons under Rule 4.
• Successor appointment and final account: If letters are revoked, the executor must surrender assets and file a final account; the clerk appoints a qualified successor to continue administration.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-9-1 (Revocation after hearing) – Grounds and hearing process to revoke an executor’s letters.
• North Carolina Gen. Stat. § 28A-21-4 (Compel accounting; removal/contempt) – Clerk may order a full account within 20 days, and remove or hold the executor in contempt if they fail.
• North Carolina Gen. Stat. § 28A-20-2 (Compel inventory; removal/contempt) – Similar enforcement for a missing 90-day inventory.
• North Carolina Gen. Stat. § 28A-9-3 (Effect of revocation) – Executor’s authority ceases; must surrender assets and file a final account.

Analysis

Apply the Rule to the Facts: You are an interested beneficiary, so you can file. The executor’s refusal to provide information and distributions suggests a default in core duties to inventory, account, communicate, and distribute as required. The clerk may first compel a full accounting within 20 days; if the executor still fails or if the omissions materially endanger the estate, the clerk can revoke letters and appoint a successor. Given two years have passed, annual account(s) should exist; their absence strengthens a removal request.

Process & Timing

1. Who files: An interested beneficiary. Where: Clerk of Superior Court in the county where the estate is being administered. What: File a verified petition to revoke letters (or to compel accounting) and have the clerk issue an Estate Proceeding Summons (AOC‑E‑102). When: File as soon as you identify the default; if the clerk issues an order to account, the executor must comply within 20 days of service.
2. The clerk sets a hearing. If you seek information first, ask the clerk to order a full, satisfactory account; if the executor does not comply, the clerk may remove them or use contempt. Time to hearing varies by county.
3. If letters are revoked, the clerk appoints a successor personal representative, and the removed executor must file a final account and turn over all estate assets. Either side may appeal to Superior Court; appeals are heard anew and run on short deadlines stated in the order and statutes.

Exceptions & Pitfalls

• The clerk often compels an inventory or accounting before removing an executor; if compliance follows, immediate removal may be denied.
• Service matters: you must serve respondents with an Estate Proceeding Summons under Rule 4; improper service can delay or derail relief.
• If the executor cannot be found, the clerk may summarily revoke letters in limited circumstances.
• Removal before the clerk addresses fiduciary performance; if you seek money damages (surcharge), that typically requires a separate civil action in Superior Court.
• Deadlines change by statute and local practice; appeal periods are short. Read the clerk’s order carefully and act promptly.

Talk to a Probate Attorney

If you’re dealing with an unresponsive executor and need to compel an accounting or seek removal in North Carolina, our firm can help you understand your options and timelines. Call us today.

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.