Short Answer

In North Carolina, an interested person (such as a spouse or heir) may file a verified petition with the Clerk of Superior Court to revoke an executor’s letters if the executor is disqualified, has defaulted on duties, or has a private interest that hinders fair administration. The clerk holds a hearing; if a statutory ground is proven, the clerk must revoke the letters and appoint a successor. If a time‑sensitive wrongful death claim is stalled, you can also ask the clerk to appoint a personal representative limited to pursuing that claim.

Understanding the Problem

You want to know how, under North Carolina probate law, you can remove an executor who is not acting for the beneficiaries’ interests. The decision point is whether the Clerk of Superior Court can revoke the executor’s authority so someone else can move the estate forward—especially where the executor refuses to pursue a wrongful death claim.

Apply the Law

North Carolina gives the Clerk of Superior Court original authority over estate administration. Any interested person may petition the clerk to revoke an executor’s letters when specific grounds exist, such as failure to perform required duties or a private, adverse interest that undermines fair administration. The clerk conducts a hearing and, if a ground is proven, revokes the letters, requires the outgoing executor to account and turn over assets, and appoints a qualified successor (often an administrator c.t.a.). A wrongful death claim must be filed by a personal representative; courts may appoint a representative solely to bring that claim when needed. Inventories are ordinarily due within three months of qualification, annual accounts follow, and a party has 10 days from service of the clerk’s order to appeal to Superior Court.

Key Requirements

• Standing (Interested Person): A spouse, heir, devisee, or other person with a stake in the estate may file the petition.
• Verified Petition and Service: File a sworn petition stating the facts and grounds; issue and serve an Estate Proceeding Summons (AOC‑E‑102) under Rule 4.
• Statutory Grounds: Show disqualification, default/misconduct (e.g., missed inventory or accounting), or a private adverse interest that hinders fair administration.
• Hearing Before the Clerk: The clerk determines facts and law; if a ground exists, the clerk must revoke the letters.
• Effect and Successor: The revoked executor must surrender assets and file a final account; the clerk appoints a successor to continue administration.
• Wrongful Death Option: If urgent, request appointment of a personal representative limited to pursuing the wrongful death claim; bond may be deferred until funds are received.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-9-1 (Revocation after hearing) – Allows revocation of letters for disqualification, misconduct/default, or adverse private interest.
• North Carolina Gen. Stat. § 28A-9-3 (Effect of revocation) – Ends the executor’s authority and requires turnover and a final account.
• North Carolina Gen. Stat. § 28A-18-2 (Wrongful death) – The personal representative brings the claim; most proceeds pass to statutory beneficiaries, not the estate.
• North Carolina Gen. Stat. § 28A-8-1 (Bond) – Sets bond rules, including a bond exception when appointed solely to bring a wrongful death action until funds are received.

Analysis

Apply the Rule to the Facts: Here, a parent‑executor will not pursue a potential wrongful death claim, and appears focused on an inherited annuity. Refusing to act on a core estate duty, like evaluating and pursuing a valuable claim, can be “default” or “misconduct.” Targeting a beneficiary‑designated annuity can also reflect a private adverse interest, especially if it diverts attention from proper estate tasks. Those facts support a verified petition asking the clerk to revoke the letters and appoint a successor or, at minimum, a personal representative limited to filing the wrongful death claim.

Process & Timing

1. Who files: Any interested person (e.g., surviving spouse). Where: Clerk of Superior Court in the county where the estate is administered in North Carolina. What: Verified Petition to Revoke Letters (removal of executor) and Estate Proceeding Summons (AOC‑E‑102). When: After grounds arise (missed filings, refusal to act, adverse interest); inventories are typically due within three months of qualification.
2. The clerk issues the summons; you serve the executor under Rule 4. The clerk schedules a hearing; timelines vary by county but are typically weeks, not months. You may also ask the clerk to order an inventory or accounting, adjust bond, or appoint a personal representative limited to pursuing wrongful death if delay risks the claim.
3. If the clerk revokes the letters, the executor must turn over assets and file a final account. The clerk appoints a successor (often an administrator c.t.a.), who can promptly evaluate and file the wrongful death claim and continue normal administration.

Exceptions & Pitfalls

• Not every disagreement is “cause.” Clerks often compel missing filings (inventory/account) before removing an executor unless the estate is harmed or at risk.
• Service matters. Use the Estate Proceeding Summons (AOC‑E‑102) and complete Rule 4 service; defective service can delay or derail the hearing.
• Wrongful death proceeds are not estate assets (except limited expenses) and pass to statutory beneficiaries; this can change incentives and who benefits from the claim.
• Some assets, like beneficiary‑designated annuities, usually pass outside the estate; disputes over non‑probate assets may require separate steps and do not, by themselves, justify removal.
• Bond can be increased if needed to protect the estate; when appointed solely for wrongful death, bond may be deferred until funds are received.

Talk to a Probate Attorney

If you’re dealing with an executor who won’t act or is blocking a wrongful death claim, 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.