North Carolina § 28A-10-4 - Hearing; order.

§ 28A-10-4. Hearing; order.

The clerk of superior court shall conduct a hearing in accordance with Article 2 of this Chapter on the petition not sooner than 10 days nor later than 20 days after notice to interested persons pursuant to G.S. 28A-10-2(b) . If the clerk of superior court finds all the accounts proper, including accounts subsequent to the filing of the petition, and determines that the resignation of the personal representative is in the best interest of the estate and can be allowed, the resignation may be approved subject to the provisions of G.S. 28A-10-5 . Except in cases governed by G.S. 28A-10-8 , the clerk of superior court shall appoint a successor pursuant to G.S. 28A-4-1 . History (1973, c. 1329, s. 3; 2011-344, s. 4.) Editor's Note. - Session Laws 2011-344, s. 4, which inserted "in accordance with Article 2 of this Chapter" in the first sentence, and substituted "the clerk of superior court shall appoint" for "he shall appoint" in the last sentence, was applicable to estates of decedents dying on or after January 1, 2012. 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, inserted "in accordance with Article 2 of this Chapter" in the first sentence and substituted "the clerk of superior court shall appoint" for "he shall appoint" in the last sentence.