Legal Question in Wills and Trusts in North Carolina

Hello. First, I give you my condolences for the loss of your son. The answer is "it depends." Did he have any children who are non-minors? The Clerk of his county of residence ultimately makes the decision on who qualifies to administer the estate when all other things are equal. If there is a dispute, the proponent may have to file an affidavit supporting the reasons this person believes that he or she should serve. My law office is available to assist you in this matter if needed. Best of luck!