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Current as of January 01, 2023 | Updated by Findlaw Staff
When the appointment of a sole or last surviving personal representative is terminated by death, resignation pursuant to Article 10 of this Chapter, or revocation pursuant to Article 9 of this Chapter, the clerk of superior court shall appoint another personal representative as provided by G.S. 28A-4-1 to act as successor to the sole or last surviving personal representative. When two or more personal representatives have qualified, and the appointment of one or more of them is terminated by death, resignation or revocation, leaving in office one or more personal representatives, the appointment of successors shall not be required unless:
(1) The clerk of superior court determines, in the clerk's discretion, that it is in the best interest of the estate to appoint a successor or successors to such personal representative or personal representatives, or
(2) In the case of executors, the will so provides.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 28A. Administration of Decedents' Estates § 28A-6-3. Appointment of successor to personal representative - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-28a-administration-of-decedents-estates/nc-gen-st-sect-28a-6-3/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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