Boise, ID asked in Estate Planning and Probate for North Carolina

Q: What is the process to add a backup personal representative to a will after a loved one's passing?

A relative passed recently and the personal rep is elderly and not in good health. It will be a huge mess if the personal rep passes before settling the estate.

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1 Lawyer Answer
Sara W. Harrington
Sara W. Harrington
Answered
  • Estate Planning Lawyer
  • Chapel Hill, NC
  • Licensed in North Carolina

A: The North Carolina statutes provide for a procedure to replace the executor if the executor dies. It's generally a very orderly process. The will may list successor to the executor or the Clerk may appoint someone. In your case, it sounds like the will listed no successor personal representative. No one but the person who wrote the will (the testator) can change the will and no changes can be made to a will after the testator's death. If the personal representative does not feel he or she is up to the task of handling the estate, they can decline to serve and suggest someone to serve in his/her place.

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