The resignation shall not become effective until:

(1) A successor has been duly qualified, unless N.C. Gen. Stat. § 28A-10-8 is applicable; and

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Terms Used In North Carolina General Statutes 28A-10-5

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Personal representative: includes both an executor and an administrator, but does not include a collector. See North Carolina General Statutes 28A-1-1

(2) The clerk of superior court is satisfied that the accounts of the personal representative are true and correct; and

(3) The personal representative has accounted to the personal representative’s successor in full for all assets of the estate, or if pursuant to N.C. Gen. Stat. § 28A-10-8 no successor is appointed, to the remaining personal representative or representatives, and the personal representative’s final account has been filed with and approved by the clerk of superior court. (1973, c. 1329, s. 3; 2011-344, s. 4.)