N.C. Gen. Stat. § 28A-10-8
When appointment of successor to personal representative who has resigned is not required
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
When two or more personal representatives have qualified, and one or more personal representatives resign pursuant to this Article, leaving in office one or more personal representatives, the appointment of successors shall not be required unless:
When two or more personal representatives have qualified, and one or more personal representatives resign pursuant to this Article, leaving in office one or more personal representatives, the appointment of successors shall not be required unless:
(1) The clerk of superior court determines, in the clerk's discretion, that it is in the best interest of the estate to appoint a successor or successors to the personal representative or representatives who have resigned, or
(1) The clerk of superior court determines, in the clerk’s discretion, that it is in the best interest of the estate to appoint a successor or successors to the personal representative or representatives who have resigned, or
(2) In the case of executors, the will so provides.
(2) In the case of executors, the will so provides.
History
(1973, c. 1329, s. 3; 2011-344, s. 4.)
Effect of Amendments. - Session Laws 2011-344, s. 4, effective January 1, 2012, and applicable to estates of decedents dying on or after that date, substituted "the clerk's" for "his" in subdivision (1).
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.