Short Answer

In North Carolina, if the sole personal representative (executor or administrator) dies, the clerk of superior court appoints a successor to finish the estate. In an intestate estate, that successor is an “administrator de bonis non.” In a testate estate where an executor had qualified, the successor is an “administrator de bonis non cum testamento annexo” unless the will names a substitute executor who can qualify. The successor steps into the same powers and duties and may need to post bond before receiving new letters.

How North Carolina Law Applies

North Carolina law ends a personal representative’s authority at death. If that leaves no one in office, the clerk must appoint a successor to complete the administration. A leading North Carolina clerk’s practice guide explains that when the last surviving personal representative’s appointment ends by death, the clerk appoints a successor under the normal priority rules, and the successor has the same powers and duties as the original representative.

Terminology matters. If there is no will (intestate), the new appointee is an administrator de bonis non (“of the goods not yet administered”). If there is a will and the original executor had already qualified, the new appointee is typically an administrator de bonis non cum testamento annexo (DBN CTA), unless a substitute executor named in the will is available and qualifies. A North Carolina estates manual notes there is no pre-printed AOC form specifically for DBN or DBN CTA; applicants commonly modify the standard application forms to reflect the successor capacity.

If more than one personal representative was serving and one dies, the surviving representative may continue without a new appointment unless the will requires a successor or the clerk finds appointment of another fiduciary is in the estate’s best interest. After appointment, the successor must secure the estate, continue creditor claim administration, and file required accountings. A fiduciary litigation resource confirms the successor can be substituted in pending litigation and can pursue or defend estate claims.

Key Requirements

• Vacancy: The office must be vacant (e.g., the sole or last surviving personal representative has died) before a successor can be appointed.
• Who may serve: Priority to serve follows statute. In testate estates, check the will for any named substitute executor; otherwise, the clerk applies statutory priority. In intestate estates, priority runs to the surviving spouse, then devisees/heirs and next of kin in order.
• Proper capacity: Use “Administrator de bonis non” for intestate estates; use “Administrator de bonis non cum testamento annexo” if an executor had qualified and there is a will, unless a named substitute executor can qualify.
• Bond: The clerk may require a bond from a successor (and often does), subject to statutory exceptions or will waivers. Nonresident fiduciaries often need a resident process agent and may still be required to post bond.
• Authority: Once letters issue, the successor has the same powers and duties as the predecessor, including collecting assets, managing claims, and distributing property.

Process & Timing

1. Confirm whether a vacancy exists. If a co‑representative remains, a successor is not automatically required unless the will mandates one or the clerk deems it necessary.
2. Notify the clerk and gather documents. Provide the clerk with a copy of the deceased representative’s death certificate and the estate file number.
3. Identify who should apply. If the will names a substitute executor, that person applies for letters testamentary. Otherwise, apply as administrator DBN (intestate) or DBN CTA (testate).
4. File the application with the clerk. Use AOC-E-202 (administration) for intestate or AOC-E-201 (probate and letters) for testate estates, modifying the caption to reflect “Administrator DBN” or “Administrator DBN CTA.” If you are a nonresident, also file a Resident Process Agent designation (AOC-E-500).
5. Address bond. Unless an exception applies or a valid will waiver covers the successor, be prepared to post bond. The clerk sets the amount and form (often corporate surety).
6. Obtain new Letters. After qualification and bond, the clerk issues new Letters authorizing the successor to act. Do not act on behalf of the estate before Letters are issued.
7. Secure assets and records. Collect estate documents from the prior representative’s files, secure property, and notify banks and third parties of the change in fiduciary.
8. Continue claims and court filings. Follow the clerk’s instructions about accountings. The successor typically files accountings that cover the period up to the prior representative’s death and then going forward.
9. Handle any court matters. If a lawsuit was pending, move to substitute the successor as the party representative and continue prosecution or defense of the claim.

What the Statutes Say

• North Carolina G.S. 28A-6-3 (Successor personal representative) — Clerk appoints a successor when the sole or last representative’s appointment ends by death; co‑representatives may continue without a successor unless otherwise required.
• North Carolina G.S. 28A-4-1 (Order of priority to serve) — Sets who has priority to be appointed if qualified.
• North Carolina G.S. 28A-6-2 (Notice before issuing letters) — Requires notice to those with equal or higher priority when applicable.
• North Carolina G.S. 28A-8-1 (Bond requirements) — General bond rules and exceptions for personal representatives.
• North Carolina G.S. 28A-15-12 (Actions to recover estate property) — Authorizes the personal representative to recover property belonging to the estate, including via an estate proceeding.
• North Carolina G.S. 28A-19-1 (Presentation of claims; substitution) — Addresses claims against the estate and substitution in pending actions.

Exceptions & Pitfalls

• No vacancy, no successor: If a co‑representative remains in office, appointment of a successor is not automatic.
• Check the will first: Many wills name a substitute or successor executor; if so, that person may qualify rather than using a DBN CTA appointment.
• Bond surprises: Even with will waivers or beneficiary waivers, some clerks require bond—especially for nonresident fiduciaries.
• Acting without letters: Do not take estate actions before you are appointed and issued Letters; the deceased representative’s authority ended at death.
• Appointment must be valid: A North Carolina appellate decision cautions that appointing a successor when the office is not actually vacant is void. Ensure the prior appointment has ended.
• Pending lawsuits and claims: Promptly seek substitution in any pending civil actions and follow court deadlines so claims are not barred.

Helpful Hints

• Bring a copy of the deceased representative’s death certificate to the clerk; it helps confirm the vacancy.
• If you are applying as DBN or DBN CTA, note that on the first page of the AOC application (e.g., type “Administrator DBN” or “Administrator DBN CTA” at the top).
• If you live outside North Carolina, line up a resident process agent before you file so your application isn’t delayed.
• Ask the clerk early about bond expectations and acceptable surety so you can arrange it in advance.
• Collect and organize the prior representative’s records (bank statements, receipts, inventory). You will need them to account for the earlier administration period.
• If there is a will, confirm whether it waives bond for a successor and whether it names a substitute executor.

Sources & References

• 2024 North Carolina Clerks’ Manual, Decedents’ Estates, Trusts, and Powers of Attorney (Sections 2-6 at pp. 167–169, 175–181, 232–233) — Successor appointments on death of personal representative; DBN and DBN CTA terminology; priority and notice; bond practice notes.
• North Carolina Estate Administration Manual, Supplemented 10th Edition (Ch. VI: Qualification in Intestate Estate at pp. 172–176; Ch. XII: Ancillary Administration at pp. 731–741) — Bond requirements, process agent, forms practice, and post‑qualification procedures.
• North Carolina Fiduciary Litigation Manual (2022) (Ch. I at pp. 50–62; Ch. II at pp. 88–91; Ch. XVII at pp. 551–552) — Estate proceedings before the clerk; substitution and claims; representative’s authority to recover estate property.

Disclaimer: This article is general information about North Carolina law, not legal advice. Reading it does not create an attorney‑client relationship.

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