§ 28A-5-1. Renunciation by executor. - North Carolina Statutes

Article5.

Renunciation by PersonalRepresentative.

§ 28A‑5‑1. Renunciation by executor.

(a)        ExpressRenunciation by Executor. – Any person named or designated as executor in aduly probated will may renounce the office by filing with the clerk of superiorcourt a writing signed by  such person, and acknowledged or proved to thesatisfaction of the clerk.

(b)        ImpliedRenunciation by Executor. – If any person named or designated as executor failsto qualify or to renounce within 30 days  after the will had been admitted toprobate, the clerk of superior court, on application of any other person namedor designated as executor in the will or of any interested person, shall, or onhis own motion may, issue a citation to the person who has failed to qualify orrenounce to show cause why he should not be deemed to have renounced. If, uponservice of the citation, he does not qualify or renounce or show cause withinthe time fixed in the citation, such period to be not less than 10 nor morethan 30 days, an order must be entered by the clerk of superior court adjudgingthat he has renounced. If cause be shown, the clerk of superior court may grantto such person a reasonable extension of time within which to qualify orrenounce.

(c)        Procedure uponRenunciation. – Upon renunciation by a person named or designated as executor,letters shall be issued to some other person as provided in G.S. 28A‑4‑1.(C.C.P., ss. 450, 451; Code, ss. 2163, 2164; Rev., ss. 10, 13; C.S.,ss. 13, 16; 1931, c. 183; 1953, c. 78, s. 1; 1973, c. 1329, s. 3.)