Short Answer

In North Carolina, you ask the Clerk of Superior Court to remove the current personal representative and appoint you as the successor. If appointed and properly bonded, you can manage and, if needed, sell the real property—either under a will’s power of sale or through a special proceeding to create assets to pay debts. Expect notice, a hearing, and, if ordered, a short appeal window.

Understanding the Problem

You are asking whether, under North Carolina probate law, you can remove the current estate executor and be appointed as the sole personal representative so you can sell inherited real property. Here, one key fact is that the court replaced the original executor and the current executor is the court clerk for the jurisdiction.

Apply the Law

North Carolina law allows an interested person (such as an heir) to petition the Clerk of Superior Court to revoke the current representative’s letters and appoint a successor with priority and qualifications. Once appointed, a personal representative may take possession of estate real property when authorized and may sell real estate if the will confers that power or by filing a special proceeding to create assets to pay claims and expenses. The clerk’s office is the main forum, and orders can carry short appeal deadlines.

Key Requirements

• Grounds to remove the current representative: Show disqualification, misconduct/default, conflict that hinders fair administration, or other statutory grounds.
• Priority and qualification to serve: Establish your appointment priority under the statute, meet fitness requirements, and obtain any needed renunciations or notices to others with equal/higher priority.
• Bond and letters: Post bond if required, take the oath, and obtain Letters showing your authority.
• Control of real property: If needed, seek an order to take possession of estate real property; you may eject occupants through the estate proceeding.
• Authority to sell real estate: Use a will’s power of sale if it exists; otherwise, file a special proceeding to sell land to create assets to pay debts or for the estate’s advantage.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-9-1 (Revocation after hearing) – Sets grounds and process to revoke letters and remove a personal representative.
• North Carolina Gen. Stat. § 28A-4-1 (Priority of appointment) – Identifies who has priority to be appointed and allows the clerk to choose among equals.
• North Carolina Gen. Stat. § 28A-13-3 (Powers of personal representative) – Describes authority to manage estate assets and obtain possession of real property.
• North Carolina Gen. Stat. § 28A-17-1 (Sale of land to create assets) – Provides for a special proceeding to sell real property when needed to pay debts or for the estate’s benefit.

Analysis

Apply the Rule to the Facts: Because the clerk is currently serving as executor, you can file to revoke those letters by showing statutory grounds and that replacing the current representative will benefit proper administration, including addressing mortgage and bankruptcy obligations. If you have appointment priority and are qualified, the clerk can appoint you as the successor and issue Letters after any required bond. As personal representative, you can seek possession of the real estate and pursue a sale under a will power or through a special proceeding to create assets to pay debts.

Process & Timing

1. Who files: You (an heir/interested party). Where: Clerk of Superior Court in the North Carolina county with venue. What: Verified petition to remove the current personal representative and for issuance of successor letters; Estate Proceeding Summons (AOC-E-102) for service; concurrently file Application for Probate and Letters (AOC-E-201) or Application for Letters of Administration (AOC-E-202), Oath (AOC-E-400), and bond forms (AOC-E-401/E-404) as needed. When: File as soon as practicable; if an order issues, appeal rights are short.
2. Hearing before the Clerk: the court sets a hearing after service on interested parties. If removal is ordered, the clerk proceeds to appointment and issues Letters (AOC-E-403) once bond and oath are satisfied; expect county variation on scheduling.
3. To sell the real property: if the will grants power of sale or title, market and sell per your fiduciary duties; if not, file a special proceeding to sell land to create assets under Article 17 (all heirs/devisees are parties). After confirmation, close the sale and account for proceeds.

Exceptions & Pitfalls

• Equal priority: If others have equal or higher priority and have not renounced, you must give statutory notice; the clerk may select the most suitable person.
• Bond: Nonresident representatives often must post bond and appoint a North Carolina process agent; bond amounts can increase if additional assets are received (including sale proceeds).
• Authority to sell: Without a will power of sale, you need a special proceeding to sell real property; do not sign a deed until you have proper authority.
• Occupants: If a relative or other person asserts control over the property, seek an order for possession and, if necessary, ejectment through the estate proceeding.
• Debts and insolvency: Coordinate timing of sale with notice to creditors and known claims (e.g., mortgage or bankruptcy-related obligations) to avoid avoidable challenges.

Talk to a Probate Attorney

If you’re dealing with removing a current representative and selling estate real estate, 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.