Legal Question in Wills and Trusts in North Carolina

Where is the estate being probated? NC?

If the administrator is not doing his/her job then he/she can be removed. If the administrator completely fails to file things like inventories/accountings and fails to move the case along then the clerk will remove the administrator for cause.

However, if you just don't like the way the administrator is handling this and/or do not want to wait, then you can file your own removal petition.

What do you mean by the administrator not "fulfilling" his/her obligations? Is he/she doing the job correctly or not? The job of the administrator is to figure out what the deceased owned and owed, pay any just debts and deliver any remaining assets to the heirs under the intestacy law if there is no will. That is it. If the administrator is not distributing things according to some verbal wishes of the deceased, that is too bad but not enough to remove the administrator. However, if the administrator is giving away the decedent;s property for no or low value or otherwise disposing of it improperly then that type of malfeasance is actionable.

What I would do is contact the clerk of the probate court where the estate is pending. Make a complete copy of the estate file. Or see a probate lawyer who practices in the county where the estate is pending and pay the lawyer to copy and review the file and consult with you as to the findings. If there is indeed something amiss the lawyer can file a petition to remove the administrator and enjoin any further disposition of assets. If things do nor rise to that level, then perhaps the attorney can send a letter to estate counsel or the administrator. This will send the administrator a message and let them know that a lawyer is watching and looking out for you and that if things are not done correctly then there will be consequences (i.e. removal).