§ 28A-5-2. Renunciation of right to administer. - North Carolina Statutes

§28A‑5‑2.  Renunciation of right to administer.

(a)        ExpressRenunciation. – Any person entitled to apply for letters of administration mayrenounce the office by filing with the clerk of superior court a writing signedby such person, and acknowledged or proved to the satisfaction of the clerk.

(b)        ImpliedRenunciation. –

(1)        If any personentitled to apply for letters of administration fails to apply therefor within30 days from the date of death of the intestate, the clerk of superior court,on application of any interested person, shall, or on his own motion may, issuea citation to the person entitled to apply for letters of administrationrequiring him to show cause why he should not be deemed to have renounced. If,upon service of the citation, he does not apply for letters of administrationand tender the required bond or show cause within the time shown in thecitation, such period to be not less than 10 nor more than 30 days, an ordermust be entered by the clerk of the superior court adjudging that he hasrenounced; and the clerk of superior court shall issue letters to some otherperson as provided in G.S. 28A‑4‑1. If cause be shown the clerk ofsuperior court may grant to such person a reasonable extension of time withinwhich to apply and qualify, or renounce.

(2)        If no personentitled to administer applies for letters of administration within 90 daysafter the date of death of an intestate, then the clerk of superior court may,in his discretion, enter an order declaring all prior rights to apply forletters of administration to be renounced, and issue letters to some suitableperson as provided in G.S. 28A‑ 4‑1.

(c)        Nomination byPerson Renouncing. – Any person who expressly renounces his prior right toapply for letters of administration may at the same time nominate in writingsome other person not disqualified under G.S. 28A‑4‑2 to be namedas personal representative, and such designated person shall be entitled to thesame priority of right to apply for letters of administration as the person makingthe nomination. (R.C., c. 46, ss. 2, 3; C.C.P., ss. 456, 460(a); 1868‑9,c. 113, s. 115; c. 203; Code, ss. 1376, 1380; Rev., ss. 3, 12; C.S., ss. 6, 15;1949, c. 22; 1973, c. 1329, s. 3.)