§ 28A-9-1. Revocation after hearing. - North Carolina Statutes

Article9.

Revocation of Letters.

§ 28A‑9‑1. Revocation after hearing.

(a)        Grounds. – Letterstestamentary, letters of administration, or letters of collection may berevoked after hearing on any of the following grounds:

(1)        The person to whomthey were issued was originally disqualified under the provisions of G.S. 28A‑4‑2or has become disqualified since the issuance of letters.

(2)        The issuance ofletters was obtained by false representation  or mistake.

(3)        The person to whomthey were issued has violated a fiduciary duty through default or misconduct inthe execution of his office, other than acts specified in G.S. 28A‑9‑2.

(4)        The person to whomthey were issued has a private interest, whether direct or indirect, that mighttend to hinder or be adverse to a fair and proper administration. Therelationship upon which the appointment was predicated shall not, in and ofitself, constitute such an interest.

(b)        Procedure. – Whenit appears to the clerk of superior court, on his own motion or upon verifiedcomplaint made to him by any person interested in the estate, that any of thegrounds set forth in subsection (a) may exist with regard to any personalrepresentative or collector within his jurisdiction, he shall issue citationrequiring such personal representative or collector, within 10 days afterservice thereof, to show cause why his letters should not be revoked.  On thereturn of such citation duly executed, the clerk of superior court shall setthe date for a hearing. Notice of the time and date of the hearing shall begiven to such persons and in such manner as the clerk of superior court shalldetermine. If at the hearing the clerk of superior court finds any one of thegrounds set forth in subsection (a) to exist, he shall revoke the letters issuedto such personal representative or collector. (C.C.P., s. 470; Code, s.2171; Rev., s.  38; C.S., s. 31; 1921, c. 98; 1953, c. 795; 1973, c. 1329, s.3.)