How To Reopen An Estate In North Carolina

Unless the Will provides otherwise, under North Carolina law, Executors or Administrators may claim a commission of up to 5% of the Estate assets and receipts, as approved by the Clerk of Court. Trusts should provide specific guidance regarding compensation.

In North Carolina, executor removal involves filing a petition with the appropriate court. If you have good cause, then you can get an executor removed. That being said, our state's courts will not remove an executor simply because you disagree with their decisions or because you are unhappy with their performance.

Friction between Co-Executors. Failure to Comply with Will's Terms. Non-Cooperation with a Vital Party or a Beneficiary. Neglecting or Mismanaging Estate Assets. Misconduct. Self-Dealing. Abuse of Discretion. Misappropriation of Funds.

You should expect it to take a minimum of six months to a year to settle an estate because of the legal notice requirements and time that creditors have to submit claims against the estate. Creditors have 90 days from the first publication date of the notice of probate.

Yes, but it is very difficult. Once appointed, an executor cannot voluntarily resign without approval from the Court and then only when another person is appointed in his or her place. The original grant of probate needs to be revoked and a new grant of probate put in place.

When the executor fails to do what they're supposed to, their beneficiaries may ask a judge to have them removed from their role. Individuals must be of standing (someone with a vested interest in the matter) in order to be eligible to petition a probate judge for the removal of an executor in the case.

During life, the testator can easily remove the executor from the will and replace him with another. After the testator's death, it becomes more difficult to remove an executor from the estate. However, it is not impossible.

The application must be submitted along with the will (if there is one), a preliminary inventory of the estate and a certified copy of the deceased's death certificate. The fee to open an estate is $120. Both executors and administrators are known as personal representative of the estate.