Short Answer

In North Carolina, life insurance pays to the named beneficiary on the policy, not under the will or through probate. To protect your rights, file your claim with the insurer immediately, notify the insurer in writing of any competing claims, and ask it to hold or interplead the funds if there’s a dispute. Check with the Clerk of Superior Court to confirm whether a will has been filed, and do not sign any renunciation or disclaimer paperwork until you know what rights you are giving up.

Understanding the Problem

You want to know how you, as the named life insurance beneficiary in North Carolina, can keep another relative from collecting the policy. The key decision is whether and how to act so the insurer recognizes your beneficiary rights and the probate process does not get misused. One important fact here: you were named beneficiary even though you were estranged.

Apply the Law

Under North Carolina law, life insurance is typically a non‑probate asset. That means it pays to the person listed as beneficiary on the insurer’s records as of the insured’s death, and the will does not control those proceeds. The Clerk of Superior Court oversees wills and estate administration, but beneficiary designations are handled directly with the insurer or, for employer plans, the plan administrator. If a will is filed and admitted to probate, the Clerk mails notice to known beneficiaries under that will; this helps you verify what’s been filed and who is involved. If someone asks you to “renounce,” know that renouncing the right to administer an estate is different from renouncing an inheritance or a policy benefit, and renunciations/disclaimers must follow specific statutory steps to be effective.

Key Requirements

• Named beneficiary controls: The insurer pays the person listed on its beneficiary form at death; the will does not change that.
• Go to the right forum: File your claim and dispute directly with the insurer or plan administrator; probate issues go to the Clerk of Superior Court.
• Verify the will status: If a will exists, confirm with the Clerk whether it’s been filed and admitted; the Clerk mails notices to known will beneficiaries after probate.
• Use written notice to the insurer: Tell the insurer there’s a competing claim and request a hold or interpleader while it investigates.
• Be careful with renunciations/disclaimers: North Carolina allows renouncing interests (including life insurance) only by specific written filings; signing the wrong form can waive rights.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-2-4 (Clerk’s estate jurisdiction) – Confirms the Clerk of Superior Court’s role over estate proceedings.
• North Carolina Gen. Stat. § 28A-2A-3 (Notice to beneficiaries) – After a will is probated, the Clerk mails notice to known will beneficiaries.
• North Carolina Gen. Stat. § 31B-1 (Renunciation/Disclaimer) – Allows a beneficiary, including a life insurance beneficiary without incidents of ownership, to renounce an interest under defined procedures.
• North Carolina Gen. Stat. § 14-77 (Destroying or concealing a will) – Makes will concealment/destruction a crime; supports the process to compel production of a will.

Analysis

Apply the Rule to the Facts: Because you were the named beneficiary, the insurer should pay you if that designation was on file at death. The caregiver relative’s mailings and an incomplete will do not change the beneficiary designation. Confirm with the insurer that you are on record and submit your claim; also alert the insurer to the competing claim so it can hold or interplead funds. Check with the Clerk of Superior Court to see if a will has actually been filed; do not sign any renunciation until you know whether it affects only the right to administer or also your property rights.

Process & Timing

1. Who files: The named life insurance beneficiary. Where: Directly with the insurance company or plan administrator; probate questions go to the Clerk of Superior Court in the decedent’s county. What: Insurer’s claim form, certified death certificate, and any requested proof of identity/beneficiary designation. When: File as soon as possible and immediately notify the insurer if there’s a competing claim.
2. Ask the insurer to confirm in writing the beneficiary of record and to place a hold or file an interpleader if anyone else is asserting rights. In parallel, contact the Clerk of Superior Court to confirm whether a will was filed and admitted; if not, you can request the Clerk’s help to compel production of the original will if someone is withholding it.
3. If the insurer wrongly pays someone else, consider a civil action in Superior Court to impose a constructive trust or seek return of funds. If the will is contested, address that through the probate process without delaying your insurance claim.

Exceptions & Pitfalls

• If no beneficiary is on file or the beneficiary predeceased the insured, the policy may pay to the estate; then the personal representative collects and distributes under the will or intestacy.
• Employer-sponsored policies can be governed by federal rules; follow the plan’s claim and appeal procedures before going to court.
• Signing a “renunciation” can mean very different things: renouncing the right to serve as personal representative vs. disclaiming an insurance benefit. Do not sign until you confirm exactly what rights are waived and where it will be filed.
• If someone is withholding or altering a will, the Clerk can address production of the will; destroying or concealing a will is unlawful.

Talk to a Probate Attorney

If you’re facing a dispute over life insurance proceeds or confusing probate paperwork, 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.