Short Answer

In North Carolina special proceedings, you list yourself as the petitioner and do not list yourself as a respondent. Name every other person with a potential claim to the surplus funds as respondents and serve them under Rule 4 (certified mail with return receipt, sheriff, or approved delivery service are acceptable). Use form AOC-SP-100 for the Special Proceedings Summons; only check the alias/pluries box if you are reissuing a summons after the original was not served.

Understanding the Problem

In North Carolina, how do I, as the filer, complete a Special Proceedings Summons so that all interested relatives are properly listed as respondents—and should I include myself—when seeking court approval to disburse surplus funds? Here, everyone agrees on the split, and the goal is to complete the form correctly, serve by certified mail, and know when to use the alias box.

Apply the Law

North Carolina treats this as a special proceeding before the Clerk of Superior Court. The filer is the petitioner. All other persons whose rights could be affected must be joined as respondents and served under Rule 4. In special proceedings, respondents typically have 10 days from service to answer. The Special Proceedings Summons is AOC-SP-100. The alias/pluries checkbox is used only when a prior summons was not served and you are reissuing to keep service alive.

Key Requirements

• Party alignment: List yourself as the petitioner. List all other interested relatives (and any other necessary claimants) as respondents.
• Correct summons: Use AOC-SP-100. Do not check the alias/pluries box on the first issuance; use it only if you must reissue after unsuccessful service.
• Service under Rule 4: Serve each respondent properly—certified mail with return receipt, sheriff delivery, or designated delivery service are acceptable; keep delivery receipts and file an affidavit of service.
• Answer time: Respondents in a special proceeding generally have 10 days after service to respond.
• Uncontested path: If everyone agrees, have respondents sign written consents; the clerk can often enter an order without a lengthy hearing.
• Non-appearing parties: Before the clerk enters judgment when someone has not appeared, file a servicemember status declaration to satisfy federal/state protections.

What the Statutes Say

• North Carolina Gen. Stat. § 1-394 (Special proceedings; summons and answer) – Clerk issues a special proceedings summons; respondents generally have 10 days to answer.
• North Carolina Gen. Stat. § 1-393 (Rules of Civil Procedure apply) – Civil Rules apply in special proceedings unless a specific statute says otherwise.
• North Carolina Gen. Stat. § 1A-1, Rule 4 (Service of process) – Allows service by personal delivery, certified mail with return receipt, designated delivery services, or USPS signature confirmation.

Analysis

Apply the Rule to the Facts: Because you are the filer, you are the petitioner—do not list yourself as a respondent. List every other relative who may share in the remaining funds as respondents. Since all heirs agree on the split, obtain signed consents to streamline the clerk’s review. Serve each respondent under Rule 4 (certified mail is fine if you keep the signed green card or delivery receipt). Use the alias box only if you must reissue a summons after the first was not served.

Process & Timing

1. Who files: The heir-claimant (petitioner). Where: Clerk of Superior Court, Special Proceedings (in the county where the funds are held). What: A verified petition for disbursement of surplus funds and the Special Proceedings Summons (AOC-SP-100). When: File the summons with the petition and have the clerk issue it; respondents typically have 10 days from service to respond.
2. Serve each respondent by certified mail return receipt, sheriff, or designated delivery service; file delivery receipts and an affidavit of service. If everyone files a consent and no one objects, ask the clerk to enter an order without an extensive hearing; timing varies by county.
3. The clerk enters an order directing disbursement. Present any required identification or payment details so the clerk can release funds according to the order.

Exceptions & Pitfalls

• Do not list yourself as a respondent: You are the petitioner; listing yourself as a respondent creates service problems.
• Alias/pluries misuse: Only check the alias/pluries box when reissuing a summons after the original was not served; do not check it on the first summons.
• Service traps: Certified mail must be addressed to the respondent and delivered to the addressee; keep the signed return receipt or delivery record and file an affidavit of service.
• Minors/incapacity: If a respondent is a minor or under guardianship, follow Rule 4’s representative service requirements and seek a guardian ad litem if needed.
• Non-appearing respondents: Before entry of an order against someone who did not appear, file a servicemember declaration to comply with federal/state protections.

Talk to a Surplus Funds Attorney

If you’re dealing with a North Carolina surplus-funds filing and need help listing respondents, serving by certified mail, or handling an alias summons, 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.