Who Can Serve as Executor in North Carolina?

What is an Executor?

An executor, sometimes called a”personal representative,” is a person or entity a testator appoints in a Will to administer the testator’s estate. The executor is responsible for ensuring the testator’s wishes are carried out according to the Will and legal requirements. This article describes what an executor does, who qualifies, and who administers an estate if there’s no Will.

What Does an Executor Do?

After initiating a probate proceeding and receiving Court authorization to act on behalf of the estate, an executor has several key duties:

• Inventory & Manage Assets – Collect, secure, and oversee estate property.
• Settle Debts & Taxes – Pay valid claims from creditors and tax obligations.
• Pursue Estate Claims – Collect any debts owed to the estate.
• Distribute Assets – Transfer remaining assets to beneficiaries per the Will.

Who can Serve as an Executor?

Every state has rules about who can serve as an executor. In North Carolina, an executor must be

• At least 18 years old
• Literate, and
• Of sound mind.

However, even if these requirements are met, certain individuals and entities are disqualified from serving as an executor:

• Convicted felons – A felon cannot serve unless their civil rights have been fully restored after completing their sentence. In North Carolina, an individual loses all civil rights when convicted of a felony. Civil rights are automatically restored upon “unconditional discharge” of a sentence or unconditional pardon.
• Nonresidents who have not appointed a resident agent– Nonresidents are also not qualified to serve unless they have appointed a resident in the state to accept service of process in all actions or proceedings with respect to the estate.
• Executors who refused to serve – If someone designated in the Will refuses the role, they cannot later assume it.
• Unauthorized Corporations – Corporations cannot serve if North Carolna has not authorized them to act as executors in the state.

Who Administers the Estate if There is no Will?

When a person dies without a Will in North Carolina (intestate), the clerk of superior court will authorize a person who qualifies as an administrator of the estate based on the following priority:

• The surving spouse of a decedent;
• A beneficiary named in the Will;
• An individual who is an heir under the intestacy statutes;
• Any next of kin;
• A creditor who whom the state decedent became indebted before death;
• Any person of good character to applies to be administrator.

The North Carolina Administrative Office of the Courts provides a comprehensive brochure that outlines the responsibilities of executors and administrators in North Carolina. You can locate it here: Estate Procedures for Executors, Administrators, Collectors By Affidavit, and Summary Administration.