In re the Estate of Bryant

McCRODDEN, Judge.

Petitioner makes two arguments supporting two assignments of error to the court’s order: (I) that the clerk and the trial court erred in determining that under the statute establishing the order of priority for letters of administration, “next of kin” and “heir” are synonymous and, (II) that the clerk and the judge erred in failing to determine that petitioner was next of kin within the meaning of the statute. We find merit in both of petitioner’s arguments and reverse the trial court.

Since the decedent died intestate, N.C. Gen. Stat. § 28A-4-1 (Supp. 1993) specifies to whom…