How to Remove an Executor in North Carolina

Probate Questions 14 min read

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Something has gone wrong with the estate administration. Maybe the executor is not communicating. Maybe money is missing. Maybe months have passed and nothing has been done. Or maybe the executor is making decisions that benefit themselves at the expense of the other beneficiaries. Whatever the situation, you have reached the point where you are asking: can the executor be removed, and how?

Yes, North Carolina law allows for the removal of an executor (called a “personal representative”) when specific grounds exist. The process requires filing a petition with the Clerk of Superior Court in the county where the estate is being administered. It is not instant, and the court will not remove an executor simply because beneficiaries are unhappy with the pace or disagree with a decision. But when there is genuine misconduct, neglect, or incapacity, the law provides a clear path.

Afterpath helps beneficiaries and co-executors understand their legal options when estate administration goes off track. Our Pathfinder AI guide explains NC executor removal grounds and procedures for your specific situation, our Document Vault helps you organize evidence for your petition, and our Professional Marketplace connects you with NC estate litigation attorneys who handle contested probate matters.

Legal Grounds for Removing an Executor: NC G.S. 28A-9-1

North Carolina General Statutes section 28A-9-1 sets out the grounds on which a personal representative can be removed. The Clerk of Superior Court can revoke the letters testamentary (the executor’s authority) when the executor:

1. Is No Longer Competent to Serve

If the executor has become mentally incapacitated, has been declared incompetent by a court, or is otherwise unable to understand and perform their duties, removal is appropriate. This includes situations where the executor has developed dementia, suffered a debilitating illness, or is incarcerated.

2. Is No Longer Suitable to Serve

“Unsuitability” is broader than incompetence. An executor may be mentally competent but unsuitable due to:

Substance abuse that impairs their ability to manage estate affairs
Hostile relationships with beneficiaries that make fair administration impossible
Relocation to a distant jurisdiction that makes in-person court appearances and estate management impractical
Personal financial distress (bankruptcy, tax liens) that raises concerns about their ability to manage estate funds responsibly

3. Has Mismanaged the Estate

Mismanagement is the most common ground for removal petitions. It includes:

Wasting estate assets – Spending estate money unnecessarily, allowing property to deteriorate, or making poor investment decisions with estate funds
Failing to account for assets – Not filing the required inventory within 90 days, not filing annual accountings, or being unable to explain where estate money has gone
Paying debts out of order – Violating the NC priority of claims statute (NC G.S. 28A-19-6) by paying lower-priority creditors before higher-priority ones
Distributing assets prematurely – Giving beneficiaries their inheritance before the creditor notice period has expired or before debts are paid
Commingling funds – Mixing estate money with personal money, which makes accounting impossible and creates the appearance (or reality) of self-dealing

4. Has Failed to Perform Duties

An executor who simply does nothing – does not file the inventory, does not publish the creditor notice, does not pay debts, does not communicate with beneficiaries – can be removed for failure to perform. This is different from slow performance. Complete inaction or abandonment of duties is a clear ground for removal.

5. Has Engaged in Self-Dealing or Conflicts of Interest

An executor who uses their position for personal benefit can be removed. Examples include:

Purchasing estate property for themselves at below-market value
Using estate funds for personal expenses
Hiring their own business to provide services to the estate at inflated rates
Favoring themselves (if they are also a beneficiary) over other beneficiaries
Making decisions that benefit a friend, business partner, or family member at the estate’s expense

6. Has Committed Fraud or Embezzlement

If the executor has stolen from the estate, falsified records, hidden assets, or otherwise acted fraudulently, removal is not only appropriate but may also lead to criminal charges. See NC G.S. 28A-13-7 for the criminal provisions related to embezzlement by fiduciaries.

For a detailed look at executor obligations that relate to removal, see our NC executor duties checklist.

Who Can Petition for Removal

North Carolina law allows any “interested person” to petition for the executor’s removal. This includes:

Beneficiaries named in the will – The most common petitioners
Heirs at law – People who would inherit under intestate succession, even if they are not named in the will
Creditors of the estate – Creditors whose valid claims are being ignored
Co-executors – When one executor is acting improperly and the other wants them removed
The Clerk of Superior Court – The Clerk can initiate removal proceedings on their own authority if they become aware of misconduct

Who cannot petition: People with no legal connection to the estate – neighbors, friends, or concerned family members who are not heirs or beneficiaries – generally lack standing to petition for removal.

The Filing Process: Step by Step

Step 1: Gather Evidence

Before filing, document the specific grounds for removal. The court will not remove an executor based on vague complaints. You need concrete evidence:

For mismanagement: Bank statements showing improper transactions, evidence of unpaid debts, missing estate assets, failure to file required court documents
For failure to act: Documentation showing that deadlines have passed without action, unanswered communications, unfiled inventories or accountings
For self-dealing: Records of the executor purchasing estate property, using estate funds for personal expenses, or making decisions that benefit themselves
For incompetence or unsuitability: Medical records (if available), evidence of substance abuse, documentation of incarceration or relocation

Organize this evidence chronologically. The court wants to see a pattern, not a single isolated incident (unless the incident is severe enough to justify removal on its own, such as embezzlement).

Step 2: File the Petition

The petition for removal is filed with the Clerk of Superior Court in the county where the estate is being administered. The petition should include:

The name and estate file number of the decedent
Your name and your relationship to the estate (beneficiary, heir, creditor, etc.)
The name of the executor you are seeking to remove
The specific grounds for removal, with reference to NC G.S. 28A-9-1
The facts supporting each ground (this is where your evidence matters)
A request for the specific relief you are seeking (removal, appointment of a successor, interim protection of estate assets)

North Carolina does not have a standardized form for executor removal petitions in most counties, so the petition is typically drafted as a legal document. While you can file without an attorney, the complexity of the process makes legal representation strongly advisable.

Step 3: Serve the Executor

The executor must receive notice of the petition and an opportunity to respond. This is a constitutional due process requirement. The executor is served with a copy of the petition and given a deadline to file a response.

Service is typically accomplished through the county sheriff’s office or a licensed process server. In some counties, the Clerk’s office will handle service.

Step 4: The Hearing

The Clerk of Superior Court will schedule a hearing on the petition. At the hearing:

You (the petitioner) present your case first. You introduce evidence, call witnesses if necessary, and explain why the executor should be removed.
The executor responds. The executor has the right to present their side, introduce evidence, and explain their actions.
The Clerk makes a decision. The Clerk weighs the evidence and determines whether the grounds for removal have been established.

The hearing is less formal than a full trial but is still a legal proceeding. Evidence rules apply, and the Clerk takes testimony under oath.

Step 5: The Clerk’s Order

If the Clerk finds grounds for removal, the order will:

Revoke the executor’s letters testamentary (removing their authority)
Order the executor to turn over all estate assets, records, and documents to the successor or to the Clerk’s custody
May appoint a successor personal representative (or may set a separate hearing for this)
May order the removed executor to file a final accounting of their administration

Step 6: Appeal (If Applicable)

Either party can appeal the Clerk’s decision to the Superior Court. The appeal results in a new hearing (de novo) before a Superior Court judge. Appeals are relatively common in contested removal cases.

Interim Protection: What Happens While the Petition is Pending

If you are concerned that the executor will continue mismanaging or dissipating estate assets while the removal petition is pending, you can request interim relief from the court.

Temporary Restraining Orders

You can ask the court to temporarily restrain the executor from:

Selling or transferring estate assets
Making distributions to beneficiaries
Withdrawing funds from estate accounts
Destroying records or documents

Appointment of an Interim Administrator

In extreme cases, the court can appoint a temporary administrator to manage the estate while the removal petition is decided. This is unusual and reserved for situations where the estate is in immediate danger of loss.

Freezing Estate Accounts

If you have evidence that the executor is dissipating estate funds, you can request that the court order the estate’s financial institutions to freeze accounts pending resolution of the petition.

Appointing a Successor Personal Representative

Once an executor is removed, someone else must step in to complete the estate administration.

If the Will Names an Alternate

Many wills name a successor executor. If the will names an alternate and that person is willing and qualified to serve, the Clerk will typically appoint them.

If the Will Does Not Name an Alternate

If no successor is named in the will, the Clerk will appoint someone based on the priority order established by NC G.S. 28A-4-1:

The person or institution nominated in the will (already exhausted if the primary executor was removed)
The surviving spouse
Any other person the court finds suitable

Beneficiaries can nominate a candidate, and the Clerk will consider whether that person is suitable. In contentious situations, the Clerk may appoint a neutral third party – such as an attorney or professional fiduciary – to serve as personal representative.

The Successor’s First Tasks

The successor personal representative must:

Obtain new letters testamentary or letters of administration from the Clerk
Collect all estate assets and records from the removed executor
Review the state of the estate administration and identify what has and has not been done
File any overdue inventories, accountings, or creditor notices
Continue the administration from where it stands

When Removal Is Not the Right Move

Not every frustration with an executor justifies removal. Courts have consistently held that the following are not sufficient grounds for removal:

Disagreeing with the executor’s decisions (if those decisions are within their authority and not unreasonable)
Slow pace of administration (if the delays are justified by estate complexity, pending litigation, or other legitimate reasons)
Communication style (an executor who is brusque or uncommunicative but is doing the work is not subject to removal for poor manners)
Being named executor when you think you should have been (the decedent chose the executor, and disagreement with that choice is not grounds for removal)
Family disagreements unrelated to estate administration (siblings who do not get along cannot remove an executor-sibling simply because of the personal conflict)

If your real issue is that the executor is making decisions you disagree with but that are within their legal authority, the remedy is negotiation, not removal. See our guide on how siblings can resolve disputes during probate for strategies.

Costs and Practical Considerations

Attorney Fees

Executor removal proceedings typically require an attorney. Expect to pay:

Simple, uncontested removal (executor agrees to step down): $1,500 to $3,000
Contested removal (executor fights the petition): $5,000 to $20,000 or more, depending on the complexity and how long the litigation takes
Emergency motions (restraining orders, account freezes): $1,000 to $5,000 in addition to the removal fees

Who Pays

Generally, the petitioner pays their own attorney fees. However, if the court finds the executor committed misconduct, it can order the removed executor to reimburse the petitioner’s reasonable attorney fees from the executor’s personal funds (not from the estate). The estate may also bear some costs if the removal protects the estate’s interests.

Timeline

A straightforward removal proceeding in NC typically takes 2 to 6 months from filing to resolution. Contested cases with appeals can take a year or more.

The Emotional Cost

Executor removal proceedings are almost always between family members. Filing a petition against a sibling, parent, or family friend is emotionally difficult and often damages the relationship permanently. Consider whether mediation or direct negotiation might resolve the issue before pursuing formal removal.

Alternatives to Formal Removal

Voluntary Resignation

An executor can resign voluntarily by filing a petition with the Clerk of Superior Court. If the executor recognizes they are unable or unwilling to continue, a voluntary resignation is faster, cheaper, and less contentious than a contested removal.

If you believe the executor would be willing to step down, having a frank conversation (possibly facilitated by a neutral third party or attorney) may save everyone the cost and stress of a removal proceeding.

Negotiated Agreement

Sometimes the issue is not that the executor should be removed entirely but that specific changes are needed. For example:

The executor agrees to communicate monthly
The executor agrees to hire a professional to handle the accounting
The executor agrees to a timeline for completing specific tasks
The executor agrees to consult with an attorney before making major decisions

A negotiated agreement, ideally put in writing and filed with the Clerk, can resolve many disputes without the nuclear option of removal.

Court Supervision

Beneficiaries can petition the Clerk to impose additional oversight on the executor without removing them. This might include:

Requiring the executor to file more frequent accountings
Requiring court approval before the executor makes distributions or sells assets
Appointing a guardian ad litem to represent the interests of minor or incapacitated beneficiaries

Frequently Asked Questions

Can the executor be removed if they are also the primary beneficiary?

Being a beneficiary does not disqualify someone from serving as executor. However, if the executor-beneficiary is making decisions that favor their own inheritance at the expense of other beneficiaries or creditors, that is a conflict of interest and a valid ground for removal.

What if there are multiple executors and only one is problematic?

The court can remove one co-executor while leaving the other(s) in place. This is actually a common scenario. The remaining executor(s) continue administering the estate, potentially with the court appointing an additional co-executor if needed.

Can a removed executor be held liable for their actions?

Yes. Removal does not shield the executor from liability for misconduct during their service. The successor personal representative, beneficiaries, or creditors can bring surcharge actions against the removed executor for losses caused by their mismanagement. For details on executor liability, see our guide on executor compensation in NC.

How do I prove the executor is mismanaging the estate?

Start by requesting a formal accounting from the executor. Under NC G.S. 28A-21-2, any interested person can petition the Clerk to require the executor to file an accounting. If the accounting reveals problems, or if the executor refuses to file one, that itself is evidence of mismanagement.

Bank statements, unfiled court documents, evidence of unpaid debts, testimony from other beneficiaries, and records of self-dealing transactions are all useful evidence.

What if the executor lives out of state?

An out-of-state executor is not automatically disqualified, but their distance may create practical problems that amount to grounds for removal. If the executor’s absence causes delays, prevents them from attending court proceedings, or makes communication impossible, these factors support an unsuitability argument. North Carolina does require that out-of-state personal representatives appoint a registered agent for service of process in NC.

Related Resources

NC Executor Duties Checklist – Complete list of what an executor must do
Executor Compensation in North Carolina – How executor pay works and when it can be reduced
How to Contest a Will in NC – Broader guide to challenging estate administration decisions
Siblings Disagree During Probate in NC – Resolving family conflicts without litigation
Complete Guide to Probate in North Carolina – Overview of the entire NC probate process

Moving Forward

Removing an executor is a serious step with real costs and real consequences. Before filing, make sure you have legitimate grounds, not just frustration. If the executor is truly failing in their duties, the law provides a clear path to protect the estate and the beneficiaries.

If you are considering removal, start by documenting everything. Request a formal accounting. Consult with an NC estate litigation attorney about the strength of your case. And explore whether voluntary resignation or a negotiated solution might resolve the issue without court intervention.

Afterpath helps families navigate the most difficult parts of estate settlement, including contested situations. Our Pathfinder AI can help you understand your rights and options, our Document Vault organizes the evidence you need, and our Professional Marketplace connects you with NC attorneys who handle contested probate matters.

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