Short Answer

In North Carolina, file a sworn Application for Letters of Administration (AOC-E-202) with the Clerk of Superior Court in the proper county, and make sure all filings are consistent with who will serve. If one heir has signed a renunciation (AOC-E-200), list only the remaining heir as applicant, have that person sign under oath, and attach the renunciation. Before letters issue, the applicant must take the oath and satisfy bond requirements or secure valid waivers.

Understanding the Problem

You’re in North Carolina probate. You need to know how the personal representative can correctly apply for Letters of Administration so the Clerk accepts the filing. Here, one sibling already signed a renunciation, but the application was edited to add a co‑personal representative, creating a conflict. You want to avoid rejection or delay and file clean paperwork for the single appointed sibling.

Apply the Law

In North Carolina, the applicant files a sworn application with the Clerk of Superior Court to be appointed administrator. The application must be accurate, internally consistent, and supported by any renunciations from others with equal or higher priority. If any person with equal or higher priority has not renounced, written notice of the application (15 days) is required before appointment. Letters will not issue until the applicant takes the oath and either posts bond or qualifies for a valid bond waiver. Venue is the county where the decedent was domiciled.

Key Requirements

• Proper venue: File in the decedent’s county of domicile with the Clerk of Superior Court.
• Eligibility and priority: The applicant must be qualified to serve and have priority, or have renunciations from those with equal/higher priority.
• Consistent filings: Use AOC-E-202 for one administrator unless the Clerk approves co-administrators; attach any AOC-E-200 renunciations.
• Sworn application and oath: The application is a sworn affidavit; the administrator must also take the PR oath before letters issue.
• Bond and waivers: Post bond (AOC-E-401) unless a valid waiver applies (AOC-E-404); heirs cannot waive bond for a nonresident administrator.
• Nonresident process agent: A nonresident must appoint a NC resident process agent (AOC-E-500) before letters can issue.

What the Statutes Say

• N.C. Gen. Stat. § 28A-6-1 (Application for letters) – Requires a sworn application and lists the information that must be alleged.
• N.C. Gen. Stat. § 28A-5-2 (Renunciation of right to administer) – Allows express renunciation (and nomination) and describes implied renunciation.
• N.C. Gen. Stat. § 28A-6-2 (Notice before appointment) – Requires 15 days’ written notice to equal/higher-priority persons who have not renounced.
• N.C. Gen. Stat. § 28A-8-1 (Bond) – Sets bond requirements and recognizes limited waivers.

Analysis

Apply the Rule to the Facts: Because one sibling has signed a renunciation, only the remaining sibling should be listed as applicant on AOC‑E‑202, and only that sibling should sign the sworn application and take the oath. Adding a co‑personal representative conflicts with the filed renunciation and can cause the Clerk to reject or delay the filing. To cure, submit a clean AOC‑E‑202 with the renunciation attached, handle bond (or valid waiver) appropriately, and proceed to oath and issuance.

Process & Timing

1. Who files: The sibling who will serve as administrator. Where: Clerk of Superior Court in the decedent’s county of domicile in North Carolina. What: AOC‑E‑202 (Application for Letters of Administration) with attached AOC‑E‑200 (signed renunciation); include death details, applicant’s info, heirs’ names/ages/addresses, and estimated personal property value. If nonresident, include AOC‑E‑500 (resident process agent). When: File once complete; if any equal/higher‑priority person has not renounced, send 15‑day written notice before appointment.
2. Attend to qualification: the applicant signs the PR oath (AOC‑E‑400) and either posts bond (AOC‑E‑401) or files valid waivers (AOC‑E‑404). Clerk review and issuance time varies by county; some offices review at intake, others within days.
3. The Clerk signs the order authorizing issuance (AOC‑E‑402) and issues Letters of Administration (AOC‑E‑403). Use the Letters to collect assets and administer the estate.

Exceptions & Pitfalls

• Conflicting filings: A renunciation plus a co‑PR request invites rejection. File a corrected, unaltered application naming only the intended administrator and attach the renunciation.
• Wrong signer or unsworn application: Only the applicant signs; the application must be sworn. The oath is also required before letters issue.
• Bond traps: Heirs cannot waive bond for a nonresident administrator; minors cannot sign waivers; use the correct bond amount and form.
• Missing renunciations or notice: If equal/higher‑priority persons have not renounced, give the 15‑day written notice before appointment or expect delays.
• Nonresident without process agent: A nonresident applicant must appoint a NC resident process agent before letters can issue.
• Wrong venue or incomplete heir information: File in the correct county and list all heirs with ages and mailing addresses to avoid rejection.
• If letters issued in error: The Clerk can revoke letters issued by mistake; cure promptly with corrected filings to minimize disruption.

Talk to a Probate Attorney

If you’re dealing with conflicting filings or need to refile an application for letters of administration, 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.