Short Answer

In North Carolina, a named executor can renounce by filing a signed, acknowledged renunciation with the Clerk of Superior Court, usually on AOC-E-200. Once she renounces, the clerk may appoint a qualified replacement—often a devisee—as administrator with the will annexed (administrator c.t.a.), after confirming priority, required notices, any bond, and the oath. If the will has not yet been admitted to probate, you must first apply to probate the will and for issuance of letters.

Understanding the Problem

North Carolina: Your mother is the executor named in the will, but she does not want to serve and you want to qualify instead. The will is already filed but no probate has been opened. You need to know the exact steps your mother must take to renounce and what you must file to be appointed in her place.

Apply the Law

Under North Carolina law, a named executor may renounce by filing a written, signed, and acknowledged renunciation with the Clerk of Superior Court. After renunciation, the clerk looks to the will and the statutory priority list to determine who may serve next. If no successor executor is named in the will, a qualified person—often a devisee—may be appointed as administrator with the will annexed (administrator c.t.a.). Before issuing letters, the clerk confirms required renunciations or notices from others with equal or higher priority, determines any bond, and administers the oath.

Key Requirements

• Probate first: The will must be admitted to probate by the Clerk of Superior Court before letters can issue.
• Executor’s renunciation: Your mother files a written renunciation (AOC-E-200) that is signed and acknowledged before the clerk or a notary.
• Priority to serve: If no successor executor is named, the clerk applies the statutory priority; a devisee typically ranks ahead of non-devisees for administrator c.t.a.
• Notice to others with priority: If anyone with equal or higher appointment rights has not renounced, the clerk may require 15 days’ prior written notice before issuing letters.
• Bond and oath: The clerk determines bond; resident administrators c.t.a. may serve without bond if all adult beneficiaries consent. All appointees must take an oath.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-5-1 (Renunciation by named executor) – Allows a named executor to renounce in writing; sets timing for implied renunciation after notice.
• North Carolina Gen. Stat. § 28A-4-1 (Who has priority to serve) – Establishes order of priority, including administrator c.t.a. if no executor serves.
• North Carolina Gen. Stat. § 28A-6-2 (Notice before issuing letters) – Requires 15 days’ notice to persons with equal or higher priority who have not renounced.
• North Carolina Gen. Stat. § 28A-7-1 (Oath of office) – Requires an oath before letters issue; the oath is filed with the clerk.

Analysis

Apply the Rule to the Facts: Because the will is filed but probate has not been opened, first file the probate application so the will is admitted. Your mother can then file a written renunciation with the clerk. As a devisee and one of the only two beneficiaries, you likely have priority to be appointed administrator c.t.a., subject to the clerk confirming no other person with equal or higher priority needs notice or must renounce, and subject to any bond and your oath.

Process & Timing

1. Who files: Your mother files AOC-E-200 (Renunciation of Right to Qualify). You file AOC-E-201 (Application for Probate and Letters Testamentary/Of Administration CTA). Where: Clerk of Superior Court in the decedent’s county of domicile in North Carolina. What: Bring the original will, a certified death certificate, your government-issued ID, names/addresses of beneficiaries, and basic asset information; be prepared to sign AOC-E-400 (Oath). When: You can apply immediately; if your mother does not sign, implied renunciation can be pursued after the will is probated and 30 days pass, followed by a 15‑day notice window.
2. The clerk reviews priority and may require written renunciations from any person with equal or higher preference who has not renounced, or give them 15 days’ notice before issuing letters. If you are a nonresident, file AOC-E-500 (Appointment of Resident Process Agent) and expect a bond; if resident and all adult beneficiaries consent, the clerk may allow service without bond.
3. After approval, the clerk issues letters—either Letters Testamentary to a successor executor named in the will or Letters of Administration c.t.a. to you. You receive certified Letters (AOC-E-403) to administer the estate.

Exceptions & Pitfalls

• If the will names a successor executor, that person has priority over you unless they renounce.
• Failing to obtain required renunciations or give 15 days’ notice to others with equal/higher priority can delay or undo your appointment.
• Nonresident appointees must appoint a North Carolina resident process agent and typically must post bond; beneficiary waivers cannot eliminate bond for a nonresident administrator c.t.a.
• Some assets (e.g., joint accounts with survivorship and named‑beneficiary pensions) pass outside probate; focus your Letters on probate assets like solely owned accounts and real estate.

Talk to a Probate Attorney

If you’re dealing with a renunciation and appointment in a North Carolina 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.