North Carolina General Statutes 28A-9-2. Summary revocation
(a) Grounds. – Letters testamentary, letters of administration, or letters of collection, shall be revoked by the clerk of superior court without hearing when:
(1) After letters of administration or collection have been issued, a will is subsequently admitted to probate.
Terms Used In North Carolina General Statutes 28A-9-2
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Collector: means any person authorized to take possession, custody, or control of the personal property of the decedent for the purpose of executing the duties outlined in N. See North Carolina General Statutes 28A-1-1
- Executor: A male person named in a will to carry out the decedent
- Personal representative: includes both an executor and an administrator, but does not include a collector. See North Carolina General Statutes 28A-1-1
- Probate: Proving a will
- Trustee: A person or institution holding and administering property in trust.
(2) After letters testamentary have been issued:
a. The will is set aside, or
b. A subsequent testamentary paper revoking the appointment of the executor is admitted to probate.
(3) Any personal representative or collector required to give a new bond or furnish additional security pursuant to N.C. Gen. Stat. § 28A-8-3 fails to do so within the time ordered.
(4) A nonresident personal representative refuses or fails to obey any citation, notice, or process served on that nonresident personal representative or the process agent of the nonresident personal representative.
(5) A trustee in bankruptcy, liquidating agent, or receiver has been appointed for any personal representative or collector, or any personal representative or collector has executed an assignment for the benefit of creditors.
(6) A personal representative has failed to file an inventory or an annual account with the clerk of superior court, as required by Article 20 and Article 21 of this Chapter, and proceedings to compel such filing pursuant to N.C. Gen. Stat. § 28A-20-2 or 28A-21-4 cannot be had because service cannot be completed because the personal representative cannot be found.
(7) A personal representative or collector is a licensed attorney, and the clerk is in receipt of an order entered pursuant to N.C. Gen. Stat. § 84-28 enjoining, suspending, or disbarring the attorney.
(b) Procedure. – Upon the occurrence of any of the acts set forth in subsection (a) of this section, the clerk of superior court shall enter an order revoking the letters issued to such personal representative or collector and shall cause a copy of the order to be served on the personal representative or collector or the personal representative’s or collector’s process agent. (C.C.P., s. 469; Code, s. 2170; Rev., s. 37; C.S., s. 30; 1973, c. 1329, s. 3; 1975, c. 19, s. 8; 2011-344, s. 4; 2017-158, s. 3.)