§ 28A-4-2. Persons disqualified to serve as personal representative.

293 words·~1 min read·/nc/chapter-28a/28a-4-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

No person is qualified to serve as a personal representative who:

(1)Is under 18 years of age;

(2)Has been adjudged incompetent in a formal proceeding and remains under such disability;

(3)Is a convicted felon, under the laws either of the United States or of any state or territory of the United States, or of the District of Columbia and whose citizenship has not been restored;

(4)Is a nonresident of this State who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate, and caused such appointment to be filed with the court; or who is a resident of this State who has, subsequent to appointment as a personal representative, moved from this State without appointing such process agent;

(5)Is a corporation not authorized to act as a personal representative in this State;

(6)Repealed by Session Laws 1999-133, s. 1.

(7)Has lost that person's rights as provided by Chapter 31A;

(8)Is illiterate;

(9)Is a person whom the clerk of superior court finds otherwise unsuitable; or

(10)Is a person who has renounced either expressly or by implication as provided in G.S. 28A-5-1 and 28A-5-2.

(11)Is a person who is employed by, acts as an agent for, serves as legal counsel for, or conducts business in any contractual capacity with a property finder, as defined in G.S. 116B-52(11a), who has entered into an agreement subject to G.S. 116B-78 to locate the estate property defined by the agreement. (C.C.P., s. 457; Code, ss. 1377, 1378, 2162; Rev., s. 5; C.S., s. 8; 1973, c. 1329, s. 3; 1999-133, s. 1; 2011-344, s. 4; 2021-157, s. 2(a).)