Legal Question in Wills and Trusts in North Carolina

Not really sure what you mean by your sister wanting to be co-executor. The will should have named someone as executor and that person should apply to the court to be executor unless they don't want to be. Your sister should not have changed locks or removed property. You should consult with estate administration attorney to help you with the process.

You make a lot of inconsistent statements. First, you state your father's will is in probate. If that is the case, then your father had a written will which was submitted to the court. The person named in the will is the personal representative - you do not get to pick, unless it is agreed by all the heirs that the named personal representative will renounce or if there is some other problem in which the named personal representative fails to qualify for whatever reason. If that is the case, the back up personal representative named in the will takes over, if any.

You also state that your sister is a co-executor and has not been named yet. How do you know then? Why has'n she been named if the will is in probate? Has she and the other-co-executor applied for letters testamentary? Usually, this would be done when the will is submitted for probate or shortly thereafter. And who is the other co-executor?

Why would you get a paper you have to sign to make her the personal representative if there is a will naming her? You state there is a co-executor, but why would this paper just name her?

There should be one captain of the ship so I am not in favor of co-executors. If there is no will or if the will does not name a personal representative, then any of the siblings can apply. If the matter is not agreed upon, then the clerk will hear the objections and appoint someone. If there is a chance of that, then I would immediately contact a probate attorney in the county/state where your father resided at the time of his death to hire that the lawyer to object to the appointment of your sister and seek out the appointment as personal representative. Before you do, contact the county and get a copy of the will and any other documents on file (application for letters, etc.) and bring this information to the probate attorney. Anyone can access the probate file as it is a matter of public record.

You state that your sister changed the locks and removed items from the home. If there is a will and it names your sister as the personal representative, then she would have a duty to secure the property of your father for safekeeping until it could be inventoried. While I do not take issue with her doing that, she ought not to have removed items from the home. Those things must be accounted for. However, she should not have done this until she has been appointed. This is all the reason why it is imperative that you contact a probate attorney quickly. While Law Guru is helpful, you are going to need an attorney here to specifically advise you of your rights and responsibilities.