§ 28A-10-8. When appointment of successor to personal representative who has resigned is not required. - North Carolina Statutes

§28A‑10‑8.  When appointment of successor to personal representativewho has resigned is not required.

When two or more personalrepresentatives have qualified, and one or more personal representatives resignpursuant to this Article, leaving in office one or more personalrepresentatives, the appointment of successors 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 the personalrepresentative or representatives who have resigned, or

(2)        In the case ofexecutors, the will so provides. (1973, c. 1329, s. 3.)