Ep 97  | 6 People Who Can Be the Executor and 10 People Who Can Not | Probate North Carolina

Ep 97 | 6 People Who Can Be the Executor and 9 People Who Can Not | Probate North Carolina

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:

  1. The surviving spouse of the decedent; 
  2. Anyone who is to receive property as indicated by the will of the decedent; 
  3. Anyone who is entitled to receive property of the decedent by law in the absence of a will; 
  4. Any next of kin; 
  5. Any creditor to whom the decedent became obligated prior to death; 
  6. 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:

  1. Is under 18 years of age; 
  2. Has been adjudged incompetent by the court and remains under such disability;
  3. Is a convicted felon whose citizenship has not been restored; 
  4. 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; 
  5. Is a corporation not authorized to act as a personal representative in this state; 
  6. Has committed acts which by law constitute a forfeiture of the right to serve; 
  7. Is illiterate; 
  8. Is a person whom the Clerk of Superior Court finds otherwise unsuitable;
  9. 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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