Short Answer

Yes, if your out-of-pocket costs were necessary and reasonable to preserve or sell estate (or trust) property, North Carolina law allows them to be reimbursed as administration expenses, which have first priority for payment. Submit a written claim with receipts to the personal representative (executor) or trustee. If they refuse or fail to account, you can ask the Clerk of Superior Court to determine the claim and compel an inventory or accounting.

Understanding the Problem

In North Carolina probate, can a beneficiary be reimbursed when they personally paid for repairs, cleaning, staging, or closing-related costs to prepare and sell estate property? Here, one sibling is the executor; you helped sell Mom’s home and deposited proceeds; but the executor has not shared an inventory, account statements, or yard-sale totals and missed filing deadlines.

Apply the Law

Under North Carolina law, costs that are reasonably and necessarily incurred to preserve, manage, and liquidate estate assets are administration expenses. These are paid before most other debts. The personal representative (PR) decides claims in the first instance, but the Clerk of Superior Court oversees the estate and can resolve disputes about what is payable. If a revocable trust holds the proceeds, the trustee owes beneficiaries information and must account; the Clerk also has jurisdiction over many internal trust matters.

Key Requirements

• Necessity and reasonableness: The expense must directly preserve, secure, or facilitate sale of estate/trust property (for example, cleaning, minor repairs, hauling, utilities during marketing, realtor commissions, closing costs).
• Documentation: Keep receipts, invoices, proof of payment, and a brief description tying each cost to the property and sale.
• Written claim to the PR/trustee: Present a written claim stating the amount, basis, and your contact information; the PR evaluates and either pays, rejects, or refers the claim.
• Priority of payment: Allowed administration expenses are paid ahead of general creditors.
• Court oversight if disputed: If the PR denies or ignores your claim, or fails to inventory/account, you may file an estate proceeding with the Clerk to determine the right to reimbursement and to compel reporting or removal if warranted.
• Trust overlay: If the house or proceeds are in a revocable trust, submit your claim to the trustee; beneficiaries can demand a trust accounting and seek orders from the Clerk if information is withheld.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-19-1 (Presenting a claim) – A claim must be in writing and state the amount and basis.
• North Carolina Gen. Stat. § 28A-19-6 (Order of payment) – Costs and expenses of administration are paid first.
• North Carolina Gen. Stat. § 28A-21-4 (Compel accounting; removal/contempt) – Clerk may order the PR to account within 20 days or face removal/contempt.
• North Carolina Gen. Stat. § 36C-8-813 (Trustee’s duty to inform and report) – Trustee must provide beneficiaries with information and periodic reports.

Analysis

Apply the Rule to the Facts: You personally advanced costs to prepare and sell the home—those are typically reimbursable administration expenses if they were necessary and reasonable. Submit a written, itemized claim with receipts to the executor. Because the executor missed inventory and notice deadlines and is withholding yard-sale details, you have grounds to ask the Clerk of Superior Court to compel an inventory/accounting and to determine your reimbursement claim. If the proceeds are held in a trust, also demand a trust accounting from the trustee.

Process & Timing

1. Who files: You (beneficiary/claimant). Where: With the personal representative in the county where the estate is open; if unresolved, file an estate proceeding with the Clerk of Superior Court in that county. What: A written claim stating amount and basis with receipts; if needed, a verified petition to compel inventory/accounting and to determine the claim. When: If a valid creditor notice was published, present your claim by the date stated in that notice (at least three months from first publication).
2. PR response and review: The PR pays, rejects, or refers the claim. If the PR refuses or ignores your claim or fails to account, request an order from the Clerk compelling a full inventory/accounting within statutory timeframes; the Clerk may also consider removal for continued default.
3. Final step: The Clerk rules on disputed issues; allowed amounts are paid as administration expenses in the estate’s next distribution or account. If held in trust, the trustee accounts and pays approved reimbursements from trust funds.

Exceptions & Pitfalls

• Expenses must be tied to preserving or selling estate/trust property; purely cosmetic upgrades or personal labor are less likely to be reimbursed.
• Get and keep receipts; undocumented or lump-sum requests are often denied.
• Only a PR or collector can publish the official notice to creditors; a beneficiary’s publication will not start the claim bar clock.
• If a revocable trust holds the proceeds, route your claim to the trustee and request a trust accounting; estate and trust accountings are separate.
• If the PR won’t inventory, account, or disclose yard-sale proceeds, petition the Clerk to compel an accounting; ongoing default can lead to removal.

Talk to a Probate Attorney

If you’re dealing with reimbursement for estate sale expenses and an unresponsive executor, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.