North Carolina § 28A-4-2 - Persons disqualified to serve as personal representative.

§ 28A-4-2. Persons disqualified to serve as personal representative.

No person is qualified to serve as a personal representative who: Is under 18 years of age; Has been adjudged incompetent in a formal proceeding and remains under such disability; Is a convicted felon, under the laws either of the United States or of any state or territory of the United States, or of the District of Columbia and whose citizenship has not been restored; Is a nonresident of this State who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate, and caused such appointment to be filed with the court; or who is a resident of this State who has, subsequent to appointment as a personal representative, moved from this State without appointing such process agent; Is a corporation not authorized to act as a personal representative in this State; Repealed by Session Laws 1999-133, s. 1. Has lost that person's rights as provided by Chapter 31A; Is illiterate; Is a person whom the clerk of superior court finds otherwise unsuitable; or Is a person who has renounced either expressly or by implication as provided in G.S. 28A-5-1 and 28A-5-2. History (C.C.P., s. 457; Code, ss. 1377, 1378, 2162; Rev., s. 5; C.S., s. 8; 1973, c. 1329, s. 3; 1999-133, s. 1; 2011-344, s. 4.) Cross References. - As to ineligibility of foreign corporation to qualify as executor, administrator, etc., in this State, with certain exceptions, see G.S. 55-15-05 . 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 "that person's" for "his" in subdivision (7). Legal Periodicals. - For legislative survey of trusts and estates, see 22 Campbell L. Rev. 253 (2000).