Loris, SC asked in Probate for North Carolina

Q: Can executor of intestate case rent out property, he was told no prior to agreeing to allow him to be executor

Rumors are stating that he has plans to rent out two homes as soon as we sign off on appointing him as executor

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1 Lawyer Answer
Sara W. Harrington
Sara W. Harrington
  • Probate Lawyer
  • Carrboro, NC
  • Licensed in North Carolina

A: If there was no will, the surviving spouse has priority to qualify as administrator of the estate. If there is no surviving spouse, the intestate heirs share equal priority to be the administrator. If you and the other heirs do not want this person to administer the estate, one of you can apply to be the administrator. I recommend you contact an attorney experienced in estate administration in the county where your deceased loved one lived so that you can share more specifics and he/she can give you guidance in this matter.

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