North Carolina § 28A-9-2 - Summary revocation.

§ 28A-9-2. Summary revocation.

Grounds. - Letters testamentary, letters of administration, or letters of collection, shall be revoked by the clerk of superior court without hearing when: After letters of administration or collection have been issued, a will is subsequently admitted to probate. After letters testamentary have been issued: The will is set aside, or A subsequent testamentary paper revoking the appointment of the executor is admitted to probate. Any personal representative or collector required to give a new bond or furnish additional security pursuant to G.S. 28A-8-3 fails to do so within the time ordered. A nonresident personal representative refuses or fails to obey any citation, notice, or process served on that nonresident personal representative or the process agent of the nonresident personal representative. A trustee in bankruptcy, liquidating agent, or receiver has been appointed for any personal representative or collector, or any personal representative or collector has executed an assignment for the benefit of creditors. A personal representative has failed to file an inventory or an annual account with the clerk of superior court, as required by Article 20 and Article 21 of this Chapter, and proceedings to compel such filing pursuant to G.S. 28A-20-2 or 28A-21-4 cannot be had because service cannot be completed because the personal representative cannot be found. A personal representative or collector is a licensed attorney, and the clerk is in receipt of an order entered pursuant to G.S. 84-28 enjoining, suspending, or disbarring the attorney. Procedure. - Upon the occurrence of any of the acts set forth in subsection (a) of this section, the clerk of superior court shall enter an order revoking the letters issued to such personal representative or collector and shall cause a copy of the order to be served on the personal representative or collector or the personal representative's or collector's process agent. History (C.C.P., s. 469; Code, s. 2170; Rev., s. 37; C.S., s. 30; 1973, c. 1329, s. 3; 1975, c. 19, s. 8; 2011-344, s. 4; 2017-158, s. 3.) Cross References. - As to resignation of trustee, see G.S. 36C-7-705 . 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, in subdivision (a)(4), substituted "served on that non-resident personal representative or the process agent of the non-resident personal representative" for "served on him or his process agent"; and in subsection (b), inserted "of this section" and substituted "served on the personal representative or collector or the personal representative's or collector's process agent" for "served on him or his process agent." Session Laws 2017-158, s. 3, effective July 21, 2017, added subdivision (a)(7).