Renunciation of Executorship (G.S. 28A-5-2) — NC Estate Form

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01RENOUNCING PARTY

Full Legal Name *

Relationship to Decedent *

Mailing Address *

City *

State

ZIP *

Phone

Attorney Name (if represented)

NC Bar Number

Firm Name

Attorney Phone

Attorney Address

02ESTATE INFORMATION

Decedent Full Name *

Date of Death *

County (where estate is being administered) *

Estate / Probate File Number (if assigned)

03BASIS FOR PRIORITY TO SERVE

This person had priority to serve as: *

NAMED EXECUTOR IN WILL

SURVIVING SPOUSE

ADULT CHILD

OTHER NEXT-OF-KIN

Date of Will (if named as executor)

04SUCCESSOR DESIGNATION

Do you wish to designate another person to administer the estate? *

YES — DESIGNATE A SUCCESSOR

NO — LET THE COURT APPOINT

05RENUNCIATION OATH

I, [Your Name], being the person named as Executor in the Last Will and Testament of [Decedent Name], dated [Will Date] / having priority to administer the estate of [Decedent Name] as [Relationship], do hereby renounce my right to qualify and act as Executor / Administrator of said estate and waive all priority rights I have to qualify for such appointment.

I declare under penalty of perjury that the foregoing is true and correct, that I have not taken the oath of executor or administrator, and that this renunciation is made freely and voluntarily. *

WHEN TO USE THIS FORM

File with the Clerk of Superior Court before taking the oath — you cannot renounce after qualifying
Opens appointment to the next person in the statutory priority list (G.S. 28A-4-1)
A surviving spouse who renounces can still take an elective share
File in the county where the estate is being administered
Keep a certified copy for your records

STATUTORY REFERENCE

G.S. 28A-5-2Renunciation of right to administer

G.S. 28A-4-1Priority order for administration

G.S. 28A-5-1Qualification of personal representative

PRIORITY ORDER (G.S. 28A-4-1)

Named executor in Will
Surviving spouse (if intestate)
Adult children
Grandchildren
Parents
Siblings
Other heirs
Creditors (after 60 days)

AFTER FILING

The Clerk of Superior Court records the renunciation
The next eligible person may then qualify as administrator
If you designated a successor, the Clerk will contact them
Court appointment follows if no one qualifies voluntarily

Renunciation of Executorship / Right to Administer

WHEN TO USE THIS FORM

STATUTORY REFERENCE

PRIORITY ORDER (G.S. 28A-4-1)

AFTER FILING