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.

Related Topics:
1 Lawyer Answer
Sara W. Harrington
Sara W. Harrington
  • Estate Planning Lawyer
  • Carrboro, 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.