Qualifying as an Estate Administrator:
When a person in North Carolina dies without a will, an Administrator must be appointed in order to handle the estate of the deceased. On the other hand, if the person dies with a will, the will itself names an Executor to handle the estate of the deceased. Naturally, first the question that must be answered is whether or not the deceased had a properly executed will. If the deceased died without a will, a very specific process exists in order to name an administrator of the estate.
The first step of the specific process is to apply for Letters of Administration with the Clerk of Court’s office. Copies of the application can be found at the clerk’s office and must be completed in order to give a person authorization to handle the estate. The clerk grants the Letters for Administration in the following order: (1) to the Surviving spouse, if one exists, (2) anyone who is to receive property indicated in the deceased’s will, (3) anyone entitled to receive property by law, (4) any next of kin, (5) any creditor of the decedent’s before the date of death, or (6) any person of good character residing in the county who applies with the clerk of superior court.
The Administrator must take an oath or make an affirmation to handle the estate with honesty and faithfulness. In some cases, a bond may be required in order to become an Administrator.
Hopler & Wilms, LLP
2402 S. Miami Blvd, Suite 203
Durham, NC 27703
(919) 244-2019
law@hoplerwilms.com
