The Public Administrator for Mecklenburg County, NC, serves as the court-appointed fiduciary when no qualified person is willing or able to manage a deceased person's estate.

The Public Administrator is appointed by the Clerk of Superior Court with the written approval of the Senior Resident Superior Court Judge, and receives the same compensation as any other personal representative of an estate under NC law: up to 5% of receipts into the estate and up to 5% of payments from the estate, not including distributions to beneficiaries.

The Public Administrator is responsible for locating and securing assets, paying debts and taxes, administering estate distributions, and ensuring legal compliance with probate procedures, including following a valid will.

What you can expect when the Public Administrator is appointed to handle the probate of your loved one’s estate:

• Transparency. I am required to file a 90-Day Inventory, an account of all receipts and payments at each anniversary of my appointment, and a final account once I have completed probate. The Clerk of Superior Court for Mecklenburg County audits each filing.

• Meticulous record-keeping. In addition to the required court filings, I hold most estate assets in a trust account that must comply with the NC State Bar rules regarding NC IOLTA.

• Coordination with attorneys and the Court. If you have an attorney representing you, I must communicate with your attorney, unless he or she gives me express permission to communicate directly with you. In NC, the Clerk of Superior Court is the judge of probate, so he or she has original jurisdiction to oversee all of my work in the estate.

• Payment of all valid debts of the estate. The debts of your deceased loved one are not your responsibility. Creditors must file a claim in the estate within the statutory time limits, unless I happen to already know about a specific creditor. If a valid claim, including unpaid income taxes, are not paid from the estate and should have been, I will be held personally liable for the debt.

• Commitment to protecting the financial interests of unrepresented estates while balancing public accountability and compassion.

What not to expect when the Public Administrator is appointed to handle the probate of your loved one’s estate:

• Immediate response to requests for communication. As the Public Administrator for Mecklenburg County, I am administering over 150 estates on any given day. I prioritize my statutory duties over all else. If you cannot reach me or get a response as quickly and easily as you’d like, please try to contact one of my staff and check the court file for information I am required to provide.

• An outcome that feels right to you. I am required to follow NC statutes governing estate administration and a decedent’s valid will, where applicable. I am required to make sure all valid claims are paid. Once I know I have done those two things, I will distribute estate assets to the beneficiaries as promptly as possible.

• Quick resolution and closure. The estates that come to the Public Administrator are usually full of complex probate and/or family issues. Each step of the probate process takes much longer than anyone desires. Please be patient and willing to assist where you can. Efficiency is important to me, and meeting statutory requirements is paramount.

• Legal advice. Although I am a licensed attorney, I cannot give any beneficiaries or interested parties legal advice, and I will decline to do so when asked. The Court appoints the Public Administrator as an independent, neutral party, so giving any party legal advice would result in a breach of my fiduciary duty to all creditors and beneficiaries of an estate. I encourage each person involved in this process to consult with a separate attorney to make sure their rights and interests are protected.