Short Answer

Yes. In North Carolina, renouncing the right to serve as administrator only affects who manages the estate, not who inherits. Your siblings keep their intestate shares unless they separately renounce (disclaim) their inheritance under Chapter 31B. If they do not apply to serve within 30 days of death, you can ask the Clerk of Superior Court to deem an implied renunciation; after 90 days, the clerk may treat all prior rights as renounced and appoint a suitable person.

Understanding the Problem

You are asking whether, in North Carolina, siblings who give up their priority to serve as administrator in an intestate estate still receive their shares. Here, the decedent died without a will, and your siblings may not act promptly. You want to know if their renunciation changes who inherits and how you can move forward with appointment and attorney fees.

Apply the Law

North Carolina separates two ideas: (1) renouncing the right to administer an estate, and (2) renouncing an inheritance. If a sibling renounces the right to serve (or is deemed to have renounced after deadlines pass), that affects appointment only. It does not forfeit their inheritance. To give up an inheritance, a beneficiary must file a written renunciation (disclaimer) that complies with Chapter 31B. The Clerk of Superior Court handles appointments and related estate proceedings. Core timing triggers include 30 days (to initiate implied renunciation) and 90 days (the clerk’s discretion to deem all prior rights renounced) from death.

Key Requirements

• Appointment vs. inheritance: Giving up the right to serve as administrator does not waive an intestate share; a separate disclaimer is required to refuse inheritance.
• Express renunciation to serve: A person with priority may file a signed renunciation with the Clerk; they may nominate a qualified substitute. The nominee takes the same priority.
• Implied renunciation after 30 days: If someone with priority does not apply within 30 days of death, an interested person may petition the Clerk to deem them to have renounced; the respondent typically has 15 days to respond.
• 90-day discretionary step: If no eligible person applies within 90 days, the Clerk may declare all prior rights renounced and appoint a suitable person.
• Equal priority and notice: If you seek letters before others of equal or higher priority have renounced, 15 days’ written notice to those persons is generally required.
• Disclaimer of inheritance (Chapter 31B): To give up an intestate share, a beneficiary must file a compliant renunciation; for a tax-qualified disclaimer, it is generally within nine months. Real estate disclaimers must also be recorded.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-5-2 (Renunciation of right to administer) – Allows express or implied renunciation and permits nominating another qualified person.
• North Carolina Gen. Stat. § 28A-4-1 (Priority for appointment) – Lists who gets priority to be appointed administrator and permits the Clerk to choose in the estate’s best interests.
• North Carolina Gen. Stat. § 31B-1 (Right to renounce) – Authorizes beneficiaries to renounce an inheritance interest in whole or in part.
• North Carolina Gen. Stat. § 31B-3 (Effect of renunciation) – A valid renunciation treats the beneficiary as having predeceased for the renounced interest.

Analysis

Apply the Rule to the Facts: Because this is an intestate estate, your siblings’ renouncing the right to serve only affects who the Clerk appoints; it does not cut off their status as heirs. If they stay inactive for 30 days, you can ask the Clerk to deem an implied renunciation of their appointment rights so you can be appointed. They will still inherit unless they file a proper Chapter 31B renunciation. Attorney fees needed to open the estate are typically advanced and reimbursed from estate funds after you are appointed and the Clerk approves them as administration expenses.

Process & Timing

1. Who files: An interested heir (you). Where: Clerk of Superior Court in the county where the decedent was domiciled. What: File an Application for Letters of Administration (AOC-E-202). If siblings will not sign, file a petition for implied renunciation of their right to administer and, if needed, send the required 15-day notice to persons of equal or higher priority. When: After 30 days from death, you may pursue implied renunciation.
2. The Clerk reviews filings, considers any responses (typically due within 15 days of service of the petition/notice), and may enter an order deeming nonresponsive persons to have renounced. If more than 90 days pass with no one qualifying, the Clerk may in discretion declare all prior rights renounced and appoint a suitable person.
3. Final step and outcome: The Clerk issues Letters of Administration to the appointee. After appointment, reasonable attorney fees may be paid from estate assets as an administrative expense, subject to Clerk review (commonly via interim approval or during accounting). Keep engagement letters and invoices for the estate file.

Exceptions & Pitfalls

• Renouncing appointment is not a disclaimer of inheritance. Beneficiaries who truly wish to refuse their shares must file a Chapter 31B renunciation; for real estate, also record it with the register of deeds.
• Someone who renounces may nominate another qualified person, who then has the same priority. This can affect who the Clerk appoints.
• Notice traps: If you apply before others of equal or higher priority have renounced, provide the required 15-day written notice. Defective notice can delay issuance of letters.
• If a person with priority qualifies within the statutory response window, the Clerk may dismiss your implied-renunciation petition, and that person may be appointed.
• Do not pay attorney fees from estate funds before appointment. Advance fees personally if needed; seek reimbursement from the estate after you receive letters and the Clerk approves the expense.

Talk to a Probate Attorney

If you’re dealing with siblings who won’t serve and you need to move an intestate estate forward, 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.