State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_28A > GS_28A-6-3

§28A‑6‑3.  Appointment of successor to personal representative.

When the appointment of a soleor last surviving personal representative is terminated by death, resignationpursuant to Article 10 of this Chapter, or revocation pursuant to Article 9 ofthis Chapter, the clerk of superior court shall appoint another personalrepresentative as provided by G.S. 28A‑4‑1 to act as his successor.When two or more personal representatives have qualified, and the appointmentof one or more of them is terminated by death, resignation or revocation,leaving in office one or more personal representatives, the appointment ofsuccessors shall not be required unless:

(1)        The clerk ofsuperior court determines, in his discretion, that it is in the best interestof the estate to appoint a successor or successors to such personalrepresentative or personal representatives, or

(2)        In the case ofexecutors, the will so provides. (1868‑9, c. 113, s. 92;Code, s. 1521; Rev., s. 35; C.S., s. 32; 1973, c. 1329, s. 3.)