Short Answer

In North Carolina, a first cousin may qualify as administrator when there is no surviving spouse, child, parent, or sibling. Your mother applies with the Clerk of Superior Court in the county where your cousin lived, uses the AOC-E-202 form, secures any required bond, and—if she lives out of state—appoints a North Carolina resident process agent (AOC-E-500). After qualification, she must publish notice to creditors, file an inventory within three months, pay valid claims, and then distribute the estate under North Carolina intestacy rules.

Understanding the Problem

You want to know whether your mother can serve as the court-appointed administrator for an intestate estate in North Carolina and what steps she must take. The decision point is whether a first cousin can qualify, and how to complete the process with the Clerk of Superior Court. Here, there is no surviving spouse, parent, sibling, or child, and the estate includes a home and bank accounts in North Carolina.

Apply the Law

North Carolina gives priority to closer relatives, but if none exist, a first cousin can qualify as administrator. If multiple first cousins exist, they have equal priority; the Clerk may choose among them or appoint co-administrators. Before letters issue, those with equal or higher priority who do not serve typically must renounce or receive written notice. A nonresident administrator must appoint a North Carolina resident process agent before qualifying, and most intestate estates require a bond. After letters issue, the administrator must publish a notice to creditors and file an inventory on time. The main forum is the Clerk of Superior Court in the county where the decedent was domiciled.

Key Requirements

• Eligible applicant: With no spouse, descendants, parents, or siblings, a first cousin is eligible to serve; if several cousins apply, the Clerk selects the person(s) best able to administer.
• Venue and filing: File in the Clerk of Superior Court where the decedent lived, using AOC-E-202 (Application for Letters of Administration).
• Renunciations/notice: Other first cousins with equal priority either renounce (AOC-E-200) or receive written notice of the application before letters issue.
• Qualifications: Take the oath (AOC-E-400). If nonresident, appoint a resident process agent (AOC-E-500) before letters can issue.
• Bond: Post bond unless a statutory exception applies; for nonresident administrators, heirs cannot waive the bond requirement.
• Creditor notice: After qualification, publish a Notice to Creditors once a week for four weeks and mail notice to known creditors; then file the Affidavit of Notice to Creditors (AOC-E-307).
• Inventory and accounts: File the Inventory (AOC-E-505) within three months after qualification; pay valid claims, then distribute under North Carolina intestacy.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-4-1 (Priority to serve) – Lists who has priority to be appointed administrator.
• North Carolina Gen. Stat. § 28A-4-2 (Qualifications/disqualifications) – Requires a nonresident to appoint a resident process agent before letters issue.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – Requires publication and mailed notice to known creditors.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory) – Inventory must be filed within three months after qualification.

Analysis

Apply the Rule to the Facts: With no spouse, descendants, parents, or siblings, your mother—as a first cousin—has priority among the nearest kin to serve. If other first cousins exist, she either obtains their renunciations or gives them required written notice before letters issue. Because your mother lives out of state, she must appoint a North Carolina resident process agent and will likely need to post a bond. Given a home and bank accounts, a full administration is appropriate: she will publish notice to creditors, file the inventory within three months, pay valid claims, and then distribute to heirs under North Carolina intestacy (which divides shares through the maternal and paternal family lines when there are no closer relatives).

Process & Timing

1. Who files: Your mother (or any first cousin). Where: Clerk of Superior Court in the North Carolina county where your cousin lived. What: AOC-E-202 (Application for Letters of Administration), death certificate, AOC-E-200 renunciations (if applicable), AOC-E-500 (resident process agent appointment for a nonresident), and bond forms AOC-E-401. When: File as soon as practical; if equal-priority cousins won’t serve, obtain renunciations or give written notice before letters issue.
2. After letters (AOC-E-403) are issued and the oath (AOC-E-400) is taken, open an estate bank account, publish the Notice to Creditors for four consecutive weeks, mail notice to known creditors, and file the Affidavit of Notice (AOC-E-307). Within three months of qualification, file the Inventory (AOC-E-505). Timeframes can vary slightly by county practice.
3. After the creditor claim window closes and valid debts, taxes, and expenses are paid, distribute remaining assets under North Carolina intestacy and file the final account for closing.

Exceptions & Pitfalls

• Equal-priority cousins: If others want to serve, the Clerk may choose one or appoint co-administrators; lack of renunciations or notice can delay appointment.
• Nonresident status: A nonresident administrator must appoint a North Carolina resident process agent; heirs cannot waive the bond requirement for a nonresident.
• Bond changes: Discovering additional assets or selling property may require increasing the bond before receiving proceeds.
• Real estate: Sales by heirs within two years of death can be affected by creditor rights; publish notice to creditors and coordinate any sale through the administrator to avoid problems.
• Claims period: Do not distribute early; wait until the claims window closes and all valid claims are paid.

Talk to a Probate Attorney

If you’re dealing with an intestate estate and need to get a first cousin appointed, 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.