Short Answer

In North Carolina, co-executors generally must act together or as the will and statutes allow; no one co-executor may unilaterally control the estate. If you’re being excluded, you can petition the Clerk of Superior Court to compel accountings, require information-sharing, and give instructions. The clerk can order a full accounting, set limits on unilateral actions, and, in serious cases, suspend or remove a personal representative.

Understanding the Problem

You are a co-executor in North Carolina and want to know how you can participate when other co-executors exclude you from communications and financial information. One key fact here: the estate’s real property is already under contract and the closing deadline is approaching. You need to ensure you can review closing documents and protect your rights before any major step is taken.

Apply the Law

North Carolina law treats personal representatives (executors) as fiduciaries with duties to settle the estate prudently and fairly. Co-executors are governed by the will and state statutes on joint representatives. The Clerk of Superior Court has original jurisdiction over estate proceedings and can compel accountings, issue instructions, and, in appropriate cases, remove or sanction a fiduciary. Inventories are due shortly after qualification, and annual/final accounts follow on statutory timelines.

Key Requirements

• Joint authority of co-executors: Co-executors must follow the joint-representative rules and any will provisions; unilateral action without proper authority risks being set aside.
• Duty to inform and account: A timely inventory and periodic accounts are required; co-fiduciaries must maintain records and share information needed for administration.
• Right to seek court oversight: Any co-executor may petition the Clerk of Superior Court for orders compelling an accounting, directing information-sharing, or giving instructions.
• Power to employ professionals: Co-executors may hire attorneys and other advisors to review transactions, including real estate closings, to protect the estate.
• Sale authority for real property: Confirm the source of sale authority (will power of sale or court order) and ensure proper signatures/joinder consistent with joint-representative rules.
• Remedies for misconduct: If exclusion or noncompliance persists, the clerk may sanction, limit, or remove a personal representative after notice and hearing.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-13-6 (Powers of joint personal representatives) – Governs how co-executors act and exercise powers together.
• North Carolina Gen. Stat. § 28A-21-4 (Compel accounting; sanctions) – Clerk can order an accounting and remove or hold a representative in contempt for noncompliance.
• North Carolina Gen. Stat. § 28A-13-3 (Powers of personal representative) – Lists broad powers, including employing attorneys and managing assets.
• North Carolina Gen. Stat. § 28A-9-1 (Revocation of letters) – Sets grounds and process to remove a personal representative after a hearing.

Analysis

Apply the Rule to the Facts: Because co-executors must act under the joint-representative rules and the will, excluding you from decisions and account information conflicts with the duty to administer the estate fairly. With real property already under contract, joint action and transparency are essential for a valid closing. You can ask the clerk to compel a formal accounting and direct the co-executors to include you in communications. If a co-executor tries to change the listing agent or closing terms unilaterally, the clerk can issue instructions and, if needed, consider sanctions or removal.

Process & Timing

1. Who files: A co-executor. Where: Clerk of Superior Court in the county where the estate is administered. What: Verified estate proceeding petition to compel accounting and for instructions, with Estate Proceedings Summons (AOC-E-102). When: File immediately; the clerk’s order to account typically requires filing a full account within at least 20 days of service (if issued under the statute).
2. After filing, the clerk issues process and sets a hearing. Timeframes vary by county, but initial hearings are often scheduled within a few weeks. You may request interim instructions to prevent unilateral changes (e.g., replacing the listing agent) before the hearing.
3. Following the hearing, expect a written order directing an accounting, information-sharing, and any needed instructions about signing authority for closing. Continued noncompliance can lead to contempt or removal proceedings.

Exceptions & Pitfalls

• The will can change how co-executors act (for example, allowing one to act alone or by majority vote). Read the will’s fiduciary powers and any incorporated powers language.
• Title companies and buyers often require all acting co-executors to sign closing documents unless there is clear authority otherwise. Confirm signing authority early.
• Serve all interested parties properly. Failure to provide notice can delay relief or undermine orders.
• For immediate restraints (like stopping a unilateral listing-agent change), request prompt instructions from the clerk; broader injunctive relief may require a separate civil action in superior court.

Talk to a Probate Attorney

If you’re dealing with co-executors who are excluding you from decisions and records while a property closing approaches, 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.