§ 28A-9-2. Summary revocation. - North Carolina Statutes

§28A‑9‑2.  Summary revocation.

(a)        Grounds. – Letterstestamentary, letters of administration, or letters of collection, shall berevoked by the clerk of superior court without hearing when:

(1)        After letters ofadministration or collection have been issued, a will is subsequently admittedto probate.

(2)        After letterstestamentary have been issued:

a.         The will is setaside, or

b.         A subsequenttestamentary paper revoking the appointment of the executor is admitted toprobate.

(3)        Any personalrepresentative or collector required to give a new bond or furnish additionalsecurity pursuant to G.S. 28A‑8‑3 fails to do so within the timeordered.

(4)        A nonresidentpersonal representative refuses or fails to obey any citation, notice, orprocess served on him or his process agent.

(5)        A trustee inbankruptcy, liquidating agent, or receiver has been appointed for any personalrepresentative or collector,  or any personal representative or collector hasexecuted an assignment for the benefit of creditors.

(6)        A personalrepresentative has failed to file an inventory or  an annual account with theclerk of superior court, as required by Article 20 and Article 21 of thisChapter, and proceedings to compel such filing pursuant to G.S. 28A‑20‑2or 28A‑21‑4 cannot be had because service cannot be completedbecause the personal representative cannot be found.

(b)        Procedure. – Uponthe occurrence of any of the acts set forth in subsection (a), the clerk ofsuperior court shall enter an order revoking the letters issued to suchpersonal representative or collector and shall cause a copy of the order to beserved on him or his process agent. (C.C.P., s. 469; Code, s.2170; Rev., s. 37; C.S., s. 30; 1973, c. 1329, s. 3; 1975, c. 19, s. 8.)