2005 North Carolina Code - General Statutes Article 6 - Appointment of Personal Representative.

Article 6.

Appointment of Personal Representative.

§ 28A‑6‑1.� Application for letters; grant of letters.

(a)������ The application for letters of administration or letters testamentary shall be in the form of an affidavit sworn to before an officer authorized to administer oaths, signed by the applicant or his attorney, which may be supported by other proof under oath in writing, all of which shall be recorded and filed by the clerk of superior court, and shall allege the following facts:

(1)������ The name, and to the extent known, the domicile and the date and place of death of the decedent;

(2)������ The legal residence and mailing address of the applicant;

(3)������ The names, ages and mailing addresses of the decedent's heirs and devisees, including the names and mailing addresses of the guardians of those having court‑appointed guardians, so far as all of these facts are known or can with reasonable diligence be ascertained;

(4)������ That the applicant is the person entitled to apply for letters, or that he applies after persons having prior right to apply are shown to have renounced under Article 5 of this� Chapter, or that he applies subject to the provisions of G.S. 28A‑6‑2(1), and that he is not disqualified under G.S. 28A‑4‑2.

(5)������ The nature and probable value of the decedent's property, both real and personal, and the location of such property, so far as all of these facts are known or can with reasonable diligence be ascertained; and

(6)������ If the decedent was not domiciled in this State at the time of his death, a schedule of his property located in this State, and the name and mailing address of his domiciliary personal representative, or if there is none, whether a proceeding to appoint one is pending.

(b)������ If it appears to the clerk of superior court that the application and supporting evidence comply with the requirements of subsection (a) and on the basis thereof he finds that the applicant is entitled to appointment, he shall issue letters of administration or letters testamentary to the applicant unless in his discretion he determines that the best interests of the estate would be served by delaying the appointment of a personal representative, in which case he may appoint a collector as provided in Article 11. (C.C.P., s. 461; Code, s. 1381; Rev., s. 26; C.S., s. 28; 1973, c. 1329, s. 3.)

 

§ 28A‑6‑2.� Letters issued without notice; exceptions.

Letters of administration or letters testamentary may be issued without notice, except:

(1)������ When the applicant is not entitled to priority of appointment under G.S. 28A‑4‑1, all persons entitled to an equal or higher preference shall be given notice by citation as provided in G.S. 28A‑5‑2(b)(1), unless they have renounced in accordance with the provisions of Article 5 of this Chapter.

(2)������ The clerk of superior court may in any case require that notice be given to such interested persons as he in his discretion may designate prior to the granting of letters. (1973, c. 1329, s. 3.)

 

§ 28A‑6‑3.� Appointment of successor to personal representative.

When the appointment of a sole or last surviving personal representative is terminated by death, resignation pursuant to Article 10 of this Chapter, or revocation pursuant to Article 9 of this Chapter, the clerk of superior court shall appoint another personal representative as provided by G.S. 28A‑4‑1 to act as his successor. When two or more personal representatives have qualified, and the appointment of one or more of them is terminated by death, resignation or revocation, leaving in office one or more personal representatives, the appointment of successors shall not be required unless:

(1)������ The clerk of superior court determines, in his discretion, that it is in the best interest of the estate to appoint a successor or successors to such personal representative or personal representatives, or

(2)������ In the case of executors, the will so provides. (1868‑9, c. 113, s. 92; Code, s. 1521; Rev., s. 35; C.S., s. 32; 1973, c. 1329, s. 3.)

 

§ 28A‑6‑4.� Right to contest appointment; procedure.

Prior to the issuance of letters, any interested person may, by written objection filed with the clerk of superior court, with notice to the applicant, contest the issuance of letters of administration or letters testamentary to such applicant. After an objection has been duly filed, the clerk of superior court shall conduct a hearing and determine whether letters shall issue to the applicant. Appeal may be taken from the order of the clerk as in a special proceeding. (C.C.P., s. 462; Code, s. 1382; Rev., s. 27; C.S., s. 29; 1973, c. 1329, s. 3; 1975, c. 300, s. 2.)

 

§ 28A‑6‑5.� Letters not subject to collateral attack.

The validity of letters issued shall not be subject to collateral attack. (1973, c. 1329, s. 3.)