2005 North Carolina Code - General Statutes § 28A-9-1. Revocation after hearing.

Article 9.

Revocation of Letters.

§ 28A‑9‑1.  Revocation after hearing.

(a)       Grounds. – Letters testamentary, letters of administration, or letters of collection may be revoked after hearing on any of the following grounds:

(1)       The person to whom they were issued was originally disqualified under the provisions of G.S. 28A‑4‑2 or has become disqualified since the issuance of letters.

(2)       The issuance of letters was obtained by false representation  or mistake.

(3)       The person to whom they were issued has violated a fiduciary duty through default or misconduct in the execution of his office, other than acts specified in G.S. 28A‑9‑2.

(4)       The person to whom they were issued has a private interest, whether direct or indirect, that might tend to hinder or be adverse to a fair and proper administration. The relationship upon which the appointment was predicated shall not, in and of itself, constitute such an interest.

(b)       Procedure. – When it appears to the clerk of superior court, on his own motion or upon verified complaint made to him by any person interested in the estate, that any of the grounds set forth in subsection (a) may exist with regard to any personal representative or collector within his jurisdiction, he shall issue citation requiring such personal representative or collector, within 10 days after service thereof, to show cause why his letters should not be revoked.  On the return of such citation duly executed, the clerk of superior court shall set the date for a hearing. Notice of the time and date of the hearing shall be given to such persons and in such manner as the clerk of superior court shall determine. If at the hearing the clerk of superior court finds any one of the grounds set forth in subsection (a) to exist, he shall revoke the letters issued to such personal representative or collector. (C.C.P., s. 470; Code, s. 2171; Rev., s.  38; C.S., s. 31; 1921, c. 98; 1953, c. 795; 1973, c. 1329, s. 3.)