Short Answer

In North Carolina, you file a written creditor claim in the probate estate by delivering it to the personal representative (executor/administrator) or the Clerk of Superior Court where the estate is pending before the claims bar date in the published notice to creditors (or within 90 days of any personal notice, if later). Your claim must state the amount, basis, and your contact information; attach a copy of your judgment. If the personal representative rejects your claim in writing, you must file a civil action within three months or the claim is barred.

Understanding the Problem

You want to use North Carolina probate to collect on a family law judgment from a former spouse by filing a claim in the former spouse’s estate. In North Carolina probate, the key decision is whether you can and must present a timely written claim to the estate’s personal representative so it can be paid from estate assets.

Apply the Law

North Carolina requires creditors to present written claims in the decedent’s estate within strict non-claim deadlines. The personal representative (PR) publishes a notice to creditors; known creditors may also get personal notice. Your claim must be properly presented to the PR or the Clerk of Superior Court in the county where the estate is administered. If the PR rejects the claim, you have a short window to sue. Priority and payment depend on how your judgment is classified and whether it’s a North Carolina judgment lien.

Key Requirements

• Written presentment: State the amount or relief sought, the basis for the claim (e.g., family law judgment), and your name and address; include supporting papers like a judgment copy.
• How to present: Deliver to the PR (in person, by mail, or certified mail to the address in the notice) or deliver to the Clerk in the estate file; filing a new lawsuit against the PR also counts as presentment.
• Deadline to present: Present by the date in the published notice to creditors, or within 90 days after you receive personal notice if that date is later; a three-year outside bar can apply if no notice is published.
• If rejected: After written rejection by the PR, you must file a civil action to recover the claim within three months (or seek the statutory process for contingent/unliquidated claims).
• Classification and priority: A North Carolina judgment that was docketed and a lien at death has higher priority than general unsecured claims; if your judgment is from another state, domesticating it in North Carolina can affect priority.
• Liens survive the bar: Actions to enforce valid judgment liens on estate property are not cut off by the probate claim bar, though payment still follows statutory priorities.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-19-1 (Presentation of claims) – What a claim must include and how to present it.
• North Carolina Gen. Stat. § 28A-19-3 (Non-claim deadlines) – Time limits to present claims and key exceptions.
• North Carolina Gen. Stat. § 28A-19-16 (Rejected claims) – Three-month deadline to sue after written rejection.
• North Carolina Gen. Stat. § 1C-1703 (Filing foreign judgments) – How to domesticate an out-of-state judgment in North Carolina.

Analysis

Apply the Rule to the Facts: Because you already have a family law judgment, you can present a written claim to your former spouse’s North Carolina estate by the claims bar date stated in the published notice (or within 90 days of any personal notice). If your judgment was entered outside North Carolina, domesticating it here can improve priority and potential recovery. If the PR denies the claim in writing, you must file a civil action within three months to preserve it.

Process & Timing

1. Who files: The judgment creditor. Where: Clerk of Superior Court in the North Carolina county where the estate is pending (estate file number required). What: A signed written claim stating amount, basis, and your contact information; attach your judgment. If your judgment is from another state and time permits, file it in superior court under § 1C-1703 before or alongside your estate claim. When: By the bar date in the published notice to creditors, or within 90 days after personal notice if later.
2. PR review and response: After the claim period ends, the personal representative decides whether to allow, negotiate, or reject your claim; payment timing depends on available assets and statutory priority.
3. If rejected: File a civil action to recover the claim within three months of receiving written rejection. If your claim is a lien-based judgment, you may pursue lien enforcement consistent with probate priorities.

Exceptions & Pitfalls

• Do not rely on an informal agreement with the personal representative; the statute requires written presentment to preserve your claim.
• If your judgment is from another state, domesticate it in North Carolina to be treated like a North Carolina judgment and to affect priority; without domestication, it is generally a lower-priority unsecured claim.
• Watch for personal notice: it triggers a 90-day claim window that can extend the general bar date for you specifically.
• After written rejection, missing the three-month lawsuit deadline will bar recovery, even if your original filing was timely.
• Judgment liens recorded and in force at death can be enforced despite the claim bar, but payment still follows probate priorities and available assets.

Talk to a Probate Attorney

If you’re dealing with collecting a family law judgment through 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.