Short Answer

In North Carolina, any interested heir or beneficiary can petition the Clerk of Superior Court to remove an executor who concealed a will, made false statements to obtain letters, or breached fiduciary duties. You can also ask the Clerk to compel inventories and accountings, require a bond, and restrict distributions while the petition is pending. If the will surfaced after an intestate appointment, prior letters of administration can be revoked and a proper executor installed.

Understanding the Problem

You want to know how to remove a North Carolina executor (your surviving parent) for hiding the original will and withholding estate information. The single decision point is whether, and how, you can ask the Clerk of Superior Court to revoke your parent’s letters as executor because of concealment and lack of transparency. One key fact here is that an original will was found and probated after the estate was first opened without a will.

Apply the Law

North Carolina law lets an “interested person” (such as a beneficiary or heir) start an estate proceeding before the Clerk of Superior Court to remove or suspend a personal representative who is unfit or has breached duties. The executor must file an inventory within three months of qualifying and provide proper accountings; the Clerk can order compliance, remove the fiduciary, or hold the fiduciary in contempt if they do not comply. If a will was concealed or the executor obtained authority by false representations, those are specific grounds to revoke letters after a hearing. The Clerk’s office is the main forum for these proceedings, and the inventory deadline is three months after qualification.

Key Requirements

• Standing as an interested person: You must be an heir, devisee, or otherwise have a stake in the estate to file the petition.
• Grounds for removal: Show one or more: (a) letters were issued by false representation or mistake; (b) breach of fiduciary duty or misconduct (e.g., concealing a will, refusing to account); (c) disqualification; or (d) a private interest adverse to fair administration.
• Inventory and accounting duties: The executor must inventory estate assets within three months and file verified accounts; failure allows the Clerk to order filing, remove the fiduciary, or use contempt powers.
• Clerk’s jurisdiction and orders: The Clerk hears estate proceedings, can issue subpoenas, compel production of the will, and enter written orders revoking or sustaining letters.
• Successor appointment: If removed, the Clerk appoints the next appropriate fiduciary (often the alternate named in the will) and orders a final account from the removed executor.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-9-1 (Revocation after hearing) – Grounds to revoke an executor’s letters for disqualification, false representation, misconduct, or adverse private interest.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory due in 3 months) – Executor must file a just, true, and perfect inventory within three months of qualification.
• North Carolina Gen. Stat. § 28A-20-2 (Order to file; removal or contempt) – Clerk may order filing within a set time, remove the fiduciary, or use contempt if duties are ignored.
• North Carolina Gen. Stat. § 28A-2A-4 (Compel production of a will) – Clerk must compel production of a will when there’s proof someone holds it.

Analysis

Apply the Rule to the Facts: Because you are named in the later-probated will (as a secondary executor and beneficiary), you qualify as an interested person and can petition for removal. Your parent’s concealment of the will and false testimony go to false representation and misconduct—both recognized grounds to revoke letters. Withholding estate accounts supports a motion to compel the required inventory and accountings and can justify removal or contempt if noncompliance continues. Reports of pre‑death transfers under a power of attorney suggest conflicts and potential claims the estate should pursue; if the current executor will not pursue them, that adverse interest strengthens removal and the appointment of a successor who will.

Process & Timing

1. Who files: Any interested heir or beneficiary. Where: Clerk of Superior Court in the North Carolina county where the estate is open. What: Verified petition to revoke letters/remove the executor, Estate Proceeding Summons, and (if needed) motions to compel inventory/accountings and to require or increase bond. When: File as soon as grounds exist; the inventory is due within 3 months of qualification.
2. Serve the executor and interested parties under Rule 4. Request interim relief at or before the hearing (e.g., restrict disbursements, require a bond, compel records). The Clerk will set a hearing; timing varies by county but often occurs within weeks.
3. After the hearing, the Clerk issues a written order. If removed, the Clerk revokes letters, appoints the successor named in the will (or another qualified fiduciary), orders the removed executor to surrender assets, and requires a final account. A party aggrieved by the order may appeal to Superior Court.

Exceptions & Pitfalls

• If the real dispute is whether the will is valid, that is a separate “caveat” proceeding in Superior Court; removal alone won’t resolve will validity.
• The Clerk can remove an executor and compel filings, but money damages for pre‑death power‑of‑attorney abuse usually require a separate civil action in Superior Court.
• Be precise with service and verification—estate proceedings require proper service under Rule 4 and a verified petition.
• Ask for a bond or an increased bond early if you suspect mismanagement; it can protect the estate while the case is pending.
• Bring documents: copies of the probated will, proof of delayed/withheld filings, and any evidence of false statements or conflicts.

Talk to a Probate Attorney

If you’re dealing with a North Carolina executor who concealed a will or refuses to account, 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.