Waxhaw, NC asked in Probate for North Carolina

Q: Sister died intestate. Her spouse signed renunciation form. Can her eldest son, currently living in UK, be admin?

Or must her son sign a renunciation form as well? If he can be appointed administrator, must he be bonded in US or UK?

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1 Lawyer Answer
Cheryl R. Watkins,
Cheryl R. Watkins,
  • Probate Lawyer
  • Licensed in North Carolina

A: Hello. Here is the law regarding the factors which disqualify someone from serving as an estate administrator:

NCGS § 28A-4-2. Persons disqualified to serve as personal representative.

No person is qualified to serve as a personal representative who:

(1) Is under 18 years of age;

(2) Has been adjudged incompetent in a formal proceeding and remains under such disability;

(3) Is a convicted felon, under the laws either of the United States or of any state or territory of the United States, or of the District of Columbia and whose citizenship has not been restored;

(4) Is a nonresident of this State who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate, and caused such appointment to be filed with the court; or who is a resident of this State who has, subsequent to appointment as a personal representative, moved from this State without appointing such process agent;

(5) Is a corporation not authorized to act as a personal representative in this State;

(6) Repealed by Session Laws 1999-133, s. 1.

(7) Has lost that person's rights as provided by Chapter 31A;

(8) Is illiterate;

(9) Is a person whom the clerk of superior court finds otherwise unsuitable; or

(10) Is a person who has renounced either expressly or by implication as provided in G.S. 28A-5-1 and 28A-5-2.

That said, Clerks have broad discretion in their appointment of an administrator. My best suggestion is to contact the Clerk's office of the county with jurisdiction over this matter share some of your facts and ask them if the person in the UK is disqualified. At any rate, because there is no will, there may be other options in the selection of the administrator of an estate. Feel free to contact my law office if you seek to retain an attorney for this matter.

Office: 704-544-3394

Email: Cheryl@crwatkinslaw.com.

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