Legal Question in Wills and Trusts in North Carolina

In the absence of a will appointing a personal representative, the court will appoint an administrator for the deceased's estate, with priority is given to the surviving spouse, if there is one. Others can apply to be an administrator with the clerk of court in the county in which the deceased person lived. Similarly, any co-administrator would have to be approved by the court.

Why is there a "co-administrator"? I am not a fan of this. 2 people seldom agree on everything and a great deal of cooperation will be needed in the administration of an estate.

There should be only captain of the ship at any time, i.e one personal representative. If there are multiple heirs, there should still be only one person in charge. If the heirs cannot agree, then the court will decide. The others can certainly assist the named personal representative and the named personal representative should keep the other heirs informed as to what is going on. It is unlikely that the court is going to appoint a co-administrators.

Where there is no will, the statute directs that people can serve in this order of preference: spouse, if any, children, heirs, creditors or anyone else.

See � 28A-4-1. Order of persons qualified to serve.

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(b) Letters of Administration. - Letters of administration shall be granted to persons who are qualified to serve, in the following order, unless the clerk of superior court in the discretion of the clerk of superior court determines that the best interests of the estate otherwise require:

(1) The surviving spouse of the decedent;

(2) Any devisee of the testator;

(3) Any heir of the decedent;

(3a) Any next of kin, with a person who is of a closer kinship as computed pursuant to G.S. 104A-1 having priority;

(4) Any creditor to whom the decedent became obligated prior to the decedent's death;

(5) Any person of good character residing in the county who applies therefor; and

(6) Any other person of good character not disqualified under G.S. 28A-4-2.

When applicants are equally entitled, letters shall be granted to the applicant who, in the judgment of the clerk of superior court, is most likely to administer the estate advantageously, or they may be granted to any two or more of such applicants.

(c) Any interested person may file a petition pursuant to Article 2 of this Chapter alleging that all or any of the persons described in subsection (b) of this section is disqualified in accordance with G.S. 28A-4-2.