§ 28A-4-1. Order of persons qualified to serve. - North Carolina Statutes

Article4.

Qualification andDisqualification for Letters Testamentary and Letters of  Administration.

§ 28A‑4‑1.  Orderof persons qualified to serve.

(a)        LettersTestamentary. – Letters testamentary shall be  granted to the executor orexecutors named or designated in the will,  or if no such person qualifies, toany substitute or successor executor named or designated in the will. If noperson so named or designated qualifies, letters testamentary shall be grantedto some other person nominated by a person upon whom the will expressly confersthe authority to make such nomination. If none of the foregoing personsqualifies or if the clerk of superior court upon hearing finds that none of theforegoing persons is qualified in accordance with G.S. 28A‑4‑2, theclerk shall grant letters of administration in accordance with subsection (b).

(b)        Letters ofAdministration.  Letters of administration shall be granted to persons who arequalified to serve, in the following order, unless the clerk of superior courtin his discretion determines that the best interests of the estate otherwiserequire:

(1)        The surviving spouseof the decedent;

(2)        Any devisee of thetestator;

(3)        Any heir of thedecedent;

(3a)      Any next of kin, witha person who is of a closer kinship as computed pursuant to G.S. 104A‑1having priority;

(4)        Any creditor to whomthe decedent became obligated prior to his death;

(5)        Any person of goodcharacter residing in the county who applies therefor; and

(6)        Any other person ofgood character not disqualified under G.S. 28A‑4‑2.

When applicants are equallyentitled, letters shall be granted to the applicant who, in the judgment of theclerk of superior court, is  most likely to administer the estateadvantageously, or they may be granted to any two or more of such applicants. (R.C.,c. 46, ss. 2, 3; C.C.P., s. 456; 1868‑9, c. 113, s. 115; Code, s. 1376;Rev., s. 3; C.S., s. 6; 1949, c. 22; 1973, c. 1329, s. 3; 1987, c. 357.)