When a person passes away with assets in their name, or with death, there is a legal process to settle those affairs. This process is called Probate. In North Carolina a person passes away and leaves a verified. The will often appoints an executor to be the personal representative for the probate, when a person passes away, without a probate intestate and administrator will be appointed to administer the estate.
You may be wondering who is qualified to be the personal representative. Let’s take a look.
Qualified to Be the Executor or Administrator | Probate NC
According to North Carolina law, a qualified person must be one of the following:
- The surviving spouse of the decedent;
- Anyone who is to receive property as indicated by the will of the decedent;
- Anyone who is entitled to receive property of the decedent by law in the absence of a will;
- Any next of kin;
- Any creditor to whom the decedent became obligated prior to death;
- Any person of good character residing in the county who applies with the Clerk of Superior Court.
Disqualified to Be the Executor or Administrator | Probate NC
No person may serve as a personal representative who:
- Is under 18 years of age;
- Has been adjudged incompetent by the court and remains under such disability;
- Is a convicted felon whose citizenship has not been restored;
- Is a nonresident of this state who has not appointed a resident of the state to accept service of process in all actions or proceedings with respect to the estate;
- Is a corporation not authorized to act as a personal representative in this state;
- Has committed acts which by law constitute a forfeiture of the right to serve;
- Is illiterate;
- Is a person whom the Clerk of Superior Court finds otherwise unsuitable;
- Was previously designated as executor of the estate but has renounced that office or otherwise chose not to carry out the duties of the personal representative. [G.S. 28A-4-2].
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