North Carolina § 28A-6-4 - Right to contest appointment; procedure.

§ 28A-6-4. Right to contest appointment; procedure.

Prior to the issuance of letters, any interested person may, by written petition filed with the clerk of superior court, and served upon such interested persons as the clerk of superior court may direct, contest the issuance of letters of administration or letters testamentary to a person otherwise entitled to apply for letters of administration or letters testamentary. After a petition has been duly filed, the clerk of superior court shall conduct a hearing and determine to whom letters shall be issued. Appeal may be taken from the order of the clerk as in an estate proceeding pursuant to G.S. 1-301.3 . History (C.C.P., s. 462; Code, s. 1382; Rev., s. 27; C.S., s. 29; 1973, c. 1329, s. 3; 1975, c. 300, s. 2; 2011-344, s. 4.) Cross References. - As to the running of the statute of limitations when there is contest, see G.S. 1-24 . 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, rewrote the first sentence, which formerly read: "Prior to the issuance of letters, any interested person may, by written objection filed with the clerk of superior court, with notice to the applicant, contest the issuance of letters of administration or letters testamentary to such applicant," rewrote the second sentence, which formerly read: "After an objection has been duly filed, the clerk of superior court shall conduct a hearing and determine whether letters shall issue to the applicant," and in the last sentence, substituted "in an estate proceeding pursuant to G.S. 1-301.3 " for "in a special proceeding."