North Carolina § 28A-9-1 - Revocation after hearing.

§ 28A-9-1. Revocation after hearing.

Grounds. - Letters testamentary, letters of administration, or letters of collection may be revoked after hearing on any of the following grounds: The person to whom they were issued was originally disqualified under the provisions of G.S. 28A-4-2 or has become disqualified since the issuance of letters. The issuance of letters was obtained by false representation or mistake. The person to whom they were issued has violated a fiduciary duty through default or misconduct in the execution of the person's office, other than acts specified in G.S. 28A-9-2. The person to whom they were issued has a private interest, whether direct or indirect, that might tend to hinder or be adverse to a fair and proper administration. The relationship upon which the appointment was predicated shall not, in and of itself, constitute such an interest. Procedure. - The clerk of superior court may, on the clerk's own motion, conduct a hearing in accordance with Article 2 of this Chapter to determine whether any of the grounds set forth in subsection (a) of this section exist with regard to any personal representative or collector within the jurisdiction of the clerk of superior court. Upon the verified petition of any person interested in the estate for an order finding that any of the grounds set forth in subsection (a) of this section exist with regard to any personal representative or collector within the jurisdiction of the clerk of superior court, the clerk shall conduct a hearing in accordance with Article 2 of this Chapter. Notice of the time and date of the hearing shall be given in accordance with Article 2 of this Chapter and to such persons as the clerk of superior court shall determine. If at the hearing the clerk of superior court finds any one of the grounds set forth in subsection (a) of this section to exist, the clerk of superior court shall revoke the letters issued to such personal representative or collector. History (C.C.P., s. 470; Code, s. 2171; Rev., s. 38; C.S., s. 31; 1921, c. 98; 1953, c. 795; 1973, c. 1329, s. 3; 2011-344, s. 4.) Cross References. - As to appeal from an order of the clerk granting or denying revocation, see G.S. 28A-10-6 . Editor's Note. - Session Laws 2011-344, s. 4, which inserted the references to procedures according to Article 2 of this Chapter and made other formatting, stylistic, conforming, and technical amendments, was applicable to estates of decedents dying on or after January 1, 2012. Session Laws 2011-344, s. 4, also amended Article 2 of this Chapter to add G.S. 28A-2-4 through G.S. 28A-2-10 . 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 person's" for "his" in subdivision (a)(3); and rewrote subsection (b) to the extent that a detailed comparison is impracticable.