One type of challenge in an estate is the failure of the Executor to carry out his or her duties.
So, the will is fine, but the person fails to either 1) pay bills of the estate, 2) file accountings with the clerk, or 3) distribute assets to the beneficiaries.
The basic rules in Chapter 28A require the executor (aka personal representative or administrator) to perform their duties. Below is the Statute.
If you have problems with the executor failing to perform the duties, call NC Will Contest Attorney Kirk Sanders at 336-723-7200.
§ 28-A-132. General duties; relation to persons interested in estate.
A personal representative is a fiduciary who, in addition to the specific duties stated in this Chapter, is under a general duty to settle the estate of the personal representative’s decedent as expeditiously and with as little sacrifice of value as is reasonable under all of the circumstances. A personal representative shall use the authority and powers conferred upon the personal representative by this Chapter, by the terms of the will under which the personal representative is acting, by any order of court in proceedings to which the personal representative is party, and by the rules generally applicable to fiduciaries, for the best interests of all persons interested in the estate, and with due regard for their respective rights. (1973, c. 1329, s. 3; 2011344, s. 4.)