2005 North Carolina Code - General Statutes Article 5 - Renunciation by Personal Representative

Article 5.

Renunciation by Personal Representative.

§ 28A‑5‑1.� Renunciation by executor.

(a)������ Express Renunciation by Executor. � Any person named or designated as executor in a duly probated will may renounce the office by filing with the clerk of superior court a writing signed by� such person, and acknowledged or proved to the satisfaction of the clerk.

(b)������ Implied Renunciation by Executor. � If any person named or designated as executor fails to qualify or to renounce within 30 days� after the will had been admitted to probate, the clerk of superior court, on application of any other person named or designated as executor in the will or of any interested person, shall, or on his own motion may, issue a citation to the person who has failed to qualify or renounce to show cause why he should not be deemed to have renounced. If, upon service of the citation, he does not qualify or renounce or show cause within the time fixed in the citation, such period to be not less than 10 nor more than 30 days, an order must be entered by the clerk of superior court adjudging that he has renounced. If cause be shown, the clerk of superior court may grant to such person a reasonable extension of time within which to qualify or renounce.

(c)������ Procedure upon Renunciation. � Upon renunciation by a person named or designated as executor, letters shall be issued to some other person as provided in G.S. 28A‑4‑1. (C.C.P., ss. 450, 451; Code, ss. 2163, 2164; Rev., ss. 10, 13; C.S., ss. 13, 16; 1931, c. 183; 1953, c. 78, s. 1; 1973, c. 1329, s. 3.)

 

§ 28A‑5‑2.� Renunciation of right to administer.

(a)������ Express Renunciation. � Any person entitled to apply for letters of administration may renounce the office by filing with the clerk of superior court a writing signed by such person, and acknowledged or proved to the satisfaction of the clerk.

(b)������ Implied Renunciation. �

(1)������ If any person entitled to apply for letters of administration fails to apply therefor within 30 days from the date of death of the intestate, the clerk of superior court, on application of any interested person, shall, or on his own motion may, issue a citation to the person entitled to apply for letters of administration requiring him to show cause why he should not be deemed to have renounced. If, upon service of the citation, he does not apply for letters of administration and tender the required bond or show cause within the time shown in the citation, such period to be not less than 10 nor more than 30 days, an order must be entered by the clerk of the superior court adjudging that he has renounced; and the clerk of superior court shall issue letters to some other person as provided in G.S. 28A‑4‑1. If cause be shown the clerk of superior court may grant to such person a reasonable extension of time within which to apply and qualify, or renounce.

(2)������ If no person entitled to administer applies for letters of administration within 90 days after the date of death of an intestate, then the clerk of superior court may, in his discretion, enter an order declaring all prior rights to apply for letters of administration to be renounced, and issue letters to some suitable person as provided in G.S. 28A‑ 4‑1.

(c)������ Nomination by Person Renouncing. � Any person who expressly renounces his prior right to apply for letters of administration may at the same time nominate in writing some other person not disqualified under G.S. 28A‑4‑2 to be named as personal representative, and such designated person shall be entitled to the same priority of right to apply for letters of administration as the person making the nomination. (R.C., c. 46, ss. 2, 3; C.C.P., ss. 456, 460(a); 1868‑9, c. 113, s. 115; c. 203; Code, ss. 1376, 1380; Rev., ss. 3, 12; C.S., ss. 6, 15; 1949, c. 22; 1973, c. 1329, s. 3.)