Short Answer

In North Carolina, after you qualify as personal representative, you must publish a Notice to Creditors once a week for four consecutive weeks in a qualifying county newspaper and mail or deliver notice to all known or reasonably ascertainable creditors within 75 days. The published notice must give the personal representative’s mailing address and set a claims deadline at least three months from the first publication date. Creditors who do not timely present claims are generally barred by statute. You then file proof of publication and mailing with the clerk, typically when you file the three-month inventory.

How North Carolina Law Applies

North Carolina requires every personal representative (executor or administrator) to give public and personal notice so creditors know where and when to file claims. The public notice is published in a qualifying newspaper in the county once a week for four straight weeks; if the county lacks such a newspaper, the law provides alternate posting options. Within 75 days of receiving letters from the clerk, you must also send a copy of the published notice to creditors you actually know about or can find with reasonable diligence, and to the state’s Medicaid agency if the decedent received Medicaid. The published notice sets a claims deadline at least three months after the first publication; a creditor who receives mailed notice gets at least 90 days from the mailing, and if that date is later than the published deadline, the later date controls for that creditor.

After the notice period, creditors who did not present claims on time are usually barred. You must file with the clerk a copy of the published notice, the newspaper’s affidavit, and your sworn affidavit confirming you sent required personal notices. In practice, these proofs are filed when you submit the three-month inventory.

Key Requirements

• Who must publish: The qualified personal representative (or a court-appointed limited personal representative if the only purpose is to publish notice without full administration) must issue the notice.
• Where and how to publish: Publish once per week for four consecutive weeks in a newspaper authorized to run legal ads that is published in the county. If no such paper exists, you may publish in a paper of general circulation and post at the courthouse, or post at the courthouse and four other public places in the county.
• What the notice must include: The notice must list a mailing address for the personal representative and set a last date to present claims that is at least three months from the first publication or posting.
• Personal notice within 75 days: Mail or deliver a copy of the published notice to all creditors you know about or can reasonably identify within 75 days after letters are issued. Also send notice to the N.C. Division of Health Benefits if the decedent received Medicaid. If a mailed notice gives a creditor more time than the published date, the mailed notice must state that later deadline.
• Proof to the clerk: File a copy of the published notice, the newspaper’s affidavit of publication, and your affidavit confirming you mailed or delivered personal notices. North Carolina provides a form affidavit for this filing.
• Bar of untimely claims: Claims that arose before death are barred if not presented by the published deadline or, for creditors who receive mailed notice, within at least 90 days after mailing when that date is later.
• Exception for wrongful death–only estates: If the estate’s only asset is a wrongful death claim, publication is not required.

Process & Timing

1. Qualify as personal representative. Obtain letters from the Clerk of Superior Court in the county where the decedent was domiciled.
2. Draft the Notice to Creditors. Include your mailing address and a claims deadline at least three months from the first publication/posting date.
3. Publish for four weeks. Run the notice once weekly for four consecutive weeks in an eligible county newspaper. If none exists, use the statutory posting alternatives.
4. Mail personal notices within 75 days. Send a copy of the published notice to each known or reasonably ascertainable creditor and to the state Medicaid agency if applicable. Specify a creditor’s later 90-day deadline when it exceeds the published date.
5. Collect and calendar deadlines. Track the published deadline and any creditor-specific 90-day deadlines created by mailed notices.
6. File proof with the clerk. When you file the three-month inventory, also file: (a) a copy of the published notice; (b) the newspaper’s affidavit of publication; and (c) your affidavit confirming mailing/delivery to required creditors.
7. Handle claims. Receive, review, allow or reject claims, and pay valid claims in statutory priority. Untimely claims are generally barred.
8. Close when appropriate. After resolving claims and administration tasks, proceed to final account and closing.

What the Statutes Say

• N.C. Gen. Stat. § 28A-14-1 — Requires publication of a notice to creditors (or alternate posting if no qualifying newspaper), sets content requirements, and provides limited exceptions.
• N.C. Gen. Stat. § 28A-14-1(b) — Requires personal notice within 75 days to known or reasonably ascertainable creditors and notice to Medicaid when applicable.
• N.C. Gen. Stat. § 28A-14-2 — Requires filing proof of publication/posting and the personal representative’s affidavit confirming personal notices were sent.
• N.C. Gen. Stat. § 28A-14-3 — Allows personal service of the notice to creditors.
• N.C. Gen. Stat. § 28A-19-1 — Explains how creditors must present claims (content and delivery options) and when certain lawsuits count as presented claims.
• N.C. Gen. Stat. § 28A-19-3 — Sets the time limits that bar claims not presented by the applicable deadlines, with listed exceptions (for example, certain secured, tax, or insured claims).
• N.C. Gen. Stat. § 28A-29-1 — Authorizes appointment of a limited personal representative to give notice to creditors without full administration in specific circumstances.

Exceptions & Pitfalls

• Using the wrong publication method: If your county has a qualifying legal newspaper, you must publish there; if not, follow the statute’s alternate posting/publishing options.
• Missing the 75-day mailing window: Failing to mail known creditors (and Medicaid when applicable) can defeat the bar as to those creditors.
• Wrong deadline in the notice: The published date must be at least three months from first publication. If a mailed notice gives a creditor a later 90-day deadline, you must state that later date in the mailed notice.
• Not filing proof with the clerk: The clerk expects a copy of the notice, the newspaper’s affidavit, and your affidavit of mailing—typically with the three-month inventory.
• Assuming all claims are barred: Some claims (for example, certain secured, tax, or insured claims) are not barred by the notice deadline. Analyze claim type before rejecting.
• Wrongful death–only estates: If the estate’s only asset is a wrongful death claim, publication is not required.
• Delay in first publication: If the first publication is delayed for years after death, other time bars may affect claims regardless of notice. Procedures and deadlines can change, so verify current requirements.

Helpful Hints

• Order and save the newspaper’s “affidavit of publication” after the fourth run; you will file it with the clerk.
• Keep a creditor list and document your efforts to identify creditors (review mail, bank statements, medical bills, and loan records).
• Use a trackable mailing method for personal notices and keep copies; note the mailing date for each creditor’s 90-day deadline.
• Calendar the three-month inventory due date and plan to file the proof of notice at the same time.
• If the estate has no probate assets but you need notice for real estate issues, ask the clerk about a limited personal representative appointment to publish notice without full administration.

Talk to a Probate Attorney

If you’re dealing with drafting, publishing, and proving a Notice to Creditors for a North Carolina estate, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.