Short Answer

In North Carolina, accident (AD&D) or life insurance pays to the named beneficiary, not the estate. If the policy names the estate—or if no living beneficiary is listed—the proceeds become a probate asset and the personal representative (PR) collects them. To collect, you must be appointed as PR by the Clerk of Superior Court, then file a claim with the insurer using your Letters and the death certificate. Wrongful death claims are separate and must be filed by the PR.

Understanding the Problem

You want to know if you can collect your child’s accident insurance through her North Carolina estate and how to do it. As a parent (actor), you may seek appointment as the estate’s administrator (action) so you can claim any insurance payable to the estate and evaluate a wrongful death claim. One key fact: your child died without a will and had no spouse or children.

Apply the Law

Under North Carolina law, insurance proceeds go to the policy’s named beneficiary. If the estate is the beneficiary, or if no beneficiary survives and the policy defaults to the estate, the proceeds are probate assets. Only a court‑appointed personal representative (administrator in an intestate estate) can collect estate assets and bring any wrongful death action. Venue is the Clerk of Superior Court in the county where your child was domiciled. If the other parent’s whereabouts are unknown, the clerk may still appoint a suitable administrator after required notice or after a statutory period.

Key Requirements

• Confirm the policy payout path: Read the policy or get confirmation from the insurer whether the proceeds go to a named beneficiary or to the estate by default.
• Get authority to act: If payable to the estate, you must obtain Letters of Administration from the Clerk of Superior Court before the insurer will pay.
• Handle equal‑priority relatives: Parents have equal priority to serve; if the other parent has not applied, the clerk can require notice and, after certain timeframes, appoint another suitable person.
• Use small‑estate affidavit only if eligible: Collection by affidavit is allowed 30+ days after death and only if all probate personal property is within the statutory cap (generally $20,000 when there is no surviving spouse).
• File the insurance claim properly: Insurers typically require the claim form, certified death certificate, and your Letters; some ask for the original policy or an affidavit of loss.
• Know wrongful death is separate: Only the PR can bring a wrongful death claim; proceeds are not general estate assets and distribute to statutory heirs after limited expenses.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-18-2 (Wrongful death) – PR files the claim; limited expenses payable; remainder distributed to heirs.
• North Carolina Gen. Stat. § 28A-4-1 (Priority to serve as PR) – Establishes order of priority and clerk discretion.
• North Carolina Gen. Stat. § 28A-25-1 (Collection by affidavit) – Allows small estate collection of personal property after 30 days if under the cap.
• North Carolina Gen. Stat. § 28A-5-2 (Renunciation/implied renunciation) – After certain periods, clerk may treat prior rights as renounced and appoint a suitable person.

Analysis

Apply the Rule to the Facts: Because your child had no spouse or children and died intestate, you as a parent have standing to seek appointment as administrator. First, confirm whether the accident policy names a beneficiary; if it does, the estate cannot collect. If the estate is the default recipient (no living beneficiary), you’ll need Letters of Administration to claim the proceeds. As PR, you can also investigate records and, if supported, bring a wrongful death claim; those proceeds distribute to statutory heirs rather than into the general estate.

Process & Timing

1. Who files: A parent/next of kin. Where: Clerk of Superior Court (Estates Division) in your child’s North Carolina county of domicile. What: AOC‑E‑202 (Application for Letters of Administration) with death certificate; the clerk may require notice to the other parent. When: File promptly; if the other parent has equal priority and has not renounced, the clerk may require 15 days’ prior written notice, or after about 90 days from death may treat prior rights as renounced and appoint a suitable person.
2. Claim the insurance: After Letters issue, submit the insurer’s claim form, certified death certificate, and a copy of your Letters. If the total probate personal property is within the statutory cap and 30 days have passed since death, consider AOC‑E‑203B (Affidavit for Collection of Personal Property) instead of full administration.
3. Distribute lawfully: If proceeds are estate assets, publish notice to creditors and wait the claims period before distributing under intestacy (for a child with no spouse or descendants, typically to parents). If you pursue wrongful death, file in Superior Court as PR; the court must approve any settlement before distribution per statute.

Exceptions & Pitfalls

• If the policy names a living beneficiary (even a contingent one), the estate cannot collect those proceeds.
• Do not distribute estate funds until the creditor notice period runs; insurers may pay quickly, but creditor procedures still apply.
• If the other parent has equal priority to serve, the clerk may require notice; failing to give required notice can delay or derail appointment.
• Small‑estate affidavits are unavailable if total probate personal property exceeds the statutory cap; accidental death policies often exceed that amount.
• Wrongful death proceeds are not general estate assets; they distribute to heirs after limited statutory expenses and court approval of settlement.

Talk to a Probate Attorney

If you’re dealing with accident insurance proceeds and a potential wrongful death claim, 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.