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§ 28A-9-6. Appointment of successor to personal representative or collector whose letters have been revoked; when not required.

§28A‑9‑6.  Appointment of successor to personal representative orcollector whose letters have been revoked; when not required.

Upon the revocation of lettersissued to a sole or last surviving personal representative or collector, theclerk of superior court shall appoint another personal representative orcollector as provided by G.S. 28A‑4‑1 to act as his successor. Whentwo or more personal representatives or collectors have qualified, and theletters of one or more personal representatives or collectors are revoked,leaving in office one or more personal representatives or collectors, theappointment of successors shall not be required unless:

(1)        The clerk ofsuperior court determines, in his discretion, that it is in the best interestof the estate to appoint a successor or successors to the personalrepresentatives or collectors whose letters have been revoked, or

(2)        In the case ofexecutors, the will so provides. (1868‑9, c. 113, s. 92;Code, s. 1521; Rev., s. 35; C.S. 32; 1973, c. 1329, s. 3.)

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