Short Answer

Yes. In North Carolina, a personal representative can seek repayment when someone uses the decedent’s credit card after death because no one has authority to use the card at that point and those charges are not estate debts. You should dispute the charges with the card issuer and, if the estate paid or suffered a loss, demand reimbursement from your sibling. If needed, you can file an estate proceeding before the Clerk of Superior Court or a civil action to compel repayment.

Understanding the Problem

You’re serving as the personal representative in North Carolina and discovered that a relative made charges on your parent’s credit card after death. You need to decide whether the estate can require reimbursement for those charges and how to proceed. This turns on your duties to protect estate assets and administer creditor claims, and on whether those post-death charges are properly the estate’s responsibility.

Apply the Law

Under North Carolina law, a personal representative must safeguard estate assets, administer claims, and recover money or property that belongs to the estate. Charges made on a decedent’s credit card after death are unauthorized; they are not the decedent’s debts and generally should not be paid as estate claims. The personal representative may (a) dispute the charges with the card issuer, and (b) seek reimbursement from the person who benefited from or caused the charges. You may proceed in an estate proceeding before the Clerk of Superior Court to examine and recover property, or file a civil action in the Superior Court to obtain a money judgment if necessary. Creditors must be noticed and claim deadlines observed as part of routine administration.

Key Requirements

• Unauthorized post-death use: Card use after death is not authorized and those charges are not valid estate debts.
• PR’s duty and powers: As personal representative, you must protect estate assets and can recover money or property owed to the estate.
• Forum selection: Use an estate proceeding before the Clerk to examine the person and order turnover; use a civil action in Superior Court if you need a money judgment or broader remedies.
• Claims workflow: Publish and mail notices to creditors; do not pay disputed card claims until the claims period closes unless you are certain the estate is solvent.
• Accounting: Keep funds in an estate account and document any recovery or disallowance in your annual and final accounts.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-15-12 (Actions to recover property of decedent) – Lets a personal representative recover estate property via estate proceeding or civil action.
• North Carolina Gen. Stat. § 28A-13-3 (Powers of personal representative) – Grants broad powers to collect, preserve, and manage estate assets.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – Requires publication and mailing of notice to known creditors.
• North Carolina Gen. Stat. § 28A-19-3 (Limitations on presentation of claims) – Sets the bar dates for creditors to submit claims.

Analysis

Apply the Rule to the Facts: Your relative’s post-death card charges are not your parent’s debts, so the estate should not treat them as valid claims. As personal representative, you should dispute those charges with the issuer and seek reimbursement from your sibling if the estate paid or suffered a loss. If your sibling refuses, you can file an estate proceeding with the Clerk to examine them and compel turnover, or bring a civil action for a money judgment. Record all steps and outcomes in your accounts.

Process & Timing

1. Who files: Personal representative. Where: Clerk of Superior Court in the county where the estate is administered (North Carolina). What: Verified petition for an estate proceeding to recover estate property under § 28A-15-12(b1) with an Estate Proceeding Summons (AOC‑E‑102). When: Promptly after identifying the post‑death charges; publish creditor notice and mail to the card issuer within 75 days of qualification, then observe claim bar dates.
2. Attend the Clerk’s hearing; the Clerk may order your sibling to deliver funds or property. If money was spent or you need damages, seek transfer or file a separate civil action in Superior Court under § 28A‑15‑12(a1). Timelines vary by county and docket.
3. Reflect any recovery or disallowance on the next annual account and on the final account, and maintain vouchers/receipts. The Clerk will audit and, if in order, approve the accounts at closing.

Exceptions & Pitfalls

• Power of attorney authority ends at death; it does not justify post‑death charges.
• If some purchases clearly benefited the estate and you choose to ratify them, require receipts and reimburse through the estate account; document your decision in the accounting.
• Do not pay disputed card bills before the claims period closes unless the estate is unquestionably solvent; paying early can disrupt claim priorities.
• In an estate proceeding, if funds are already spent, consider a civil action for conversion or unjust enrichment to obtain a money judgment.
• Use proper service and filings; incomplete filings can delay orders or enforcement.

Talk to a Probate Attorney

If you’re dealing with unauthorized post‑death credit card charges and need to protect the 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.