Short Answer

In North Carolina, creditors must present written claims by the deadline in the notice to creditors. As the personal representative, you review each claim, may require a sworn affidavit and backup documents, and then allow, partially allow, or reject it. If you reject a claim, send written notice; the creditor then has three months to file a lawsuit or the claim is barred. Pay allowed claims by statutory priority and generally after the claims window closes.

Understanding the Problem

In North Carolina probate, can an executor approve or object to specific creditor claims, and what steps control that decision? You are weighing small reimbursements (like a key fob) and an undocumented loan asserted by a relative.

Apply the Law

Under North Carolina law, a creditor must submit a written claim to the personal representative (or to the Clerk) by the deadline set in the published notice to creditors. The personal representative decides whether to allow a claim and may require a sworn affidavit and documentation. Disputed claims can be resolved in an estate proceeding before the Clerk of Superior Court, and a creditor whose claim is rejected must sue within three months after written rejection. Allowed claims are paid after the claims period, in order of statutory priority, without favoring any creditor within the same class.

Key Requirements

• Proper, timely presentment: The claim must be in writing, state the amount and basis, include the creditor’s contact information, and be delivered to the personal representative or Clerk by the published deadline (or within 90 days of personal notice if later).
• Documentation and verification: You may require a sworn affidavit from the claimant and supporting records (receipts, contracts, ledgers) and may allow, partially allow, set off, or reject the claim.
• Written rejection and 3-month suit window: If you reject a claim (in whole or part), give written notice; the creditor must start a lawsuit within three months or the claim is forever barred.
• Forum and process for disputes: Disputed claims may be addressed in an estate proceeding before the Clerk of Superior Court; the Rules of Evidence apply and the Clerk can enter orders after a hearing.
• Payment priority and timing: Pay allowed claims after the claims period, following the statute’s order of priority and pro rata rules; avoid paying early unless you are confident the estate is solvent.

What the Statutes Say

• NC Gen. Stat. § 28A-19-1 (Presenting claims) – Written claim, required contents, and how to deliver it.
• NC Gen. Stat. § 28A-19-3 (Non-claim bar) – Deadlines tied to the published/personal notice; late claims are barred.
• NC Gen. Stat. § 28A-19-16 (Action on rejected claim) – Creditor must sue within three months after written rejection.
• NC Gen. Stat. § 28A-19-6 (Order of payment) – Statutory priority of claims and no preference within a class.

Analysis

Apply the Rule to the Facts: For the key fob reimbursement, treat it as a general unsecured claim: require a timely written claim, receipt, and a short affidavit; if supported, you may allow it and later pay it with other same-class claims, pro rata. For the undocumented loan, require proof of the debt (e.g., note, ledger, payment history); if adequate proof is not provided, issue a written rejection to trigger the three-month lawsuit deadline. The class action settlement notice is not a creditor claim; it is a potential asset and does not affect whether you approve or object to creditor claims.

Process & Timing

1. Who files: Creditors present written claims; the personal representative reviews them. Where: Delivered to the personal representative or filed with the Clerk of Superior Court in the county of administration. What: Publish the notice to creditors and file AOC‑E‑307 (Affidavit of Notice to Creditors). For each disputed claim, send a written rejection. When: Mail/personal notice to known creditors within 75 days of letters; claims are due at least three months after first publication; creditors have 3 months after written rejection to sue.
2. Evaluate each claim: request a sworn affidavit and documents; decide to allow, partially allow (with setoff, if applicable), or reject. If rejecting, send prompt written notice to start the three-month clock.
3. After the claims window closes, pay allowed claims by statutory priority and pro rata within a class, then reflect allowances/rejections and payments in your accountings to the Clerk.

Exceptions & Pitfalls

• Late claims are generally barred; however, certain claims (for example, some governmental or insured claims) have special rules. Check the statute before deciding.
• Do not pay early unless the estate is clearly solvent; overpaying or preferring one creditor within a class can expose the personal representative to personal liability.
• Give timely mailed notice to reasonably ascertainable creditors and, when applicable, to the state agency responsible for Medicaid recovery; missing required notices can reopen the door for otherwise barred claims.
• Undocumented loans: require a sworn affidavit and proof. If documentation is lacking, reject in writing and calendar the three‑month cutoff.

Talk to a Probate Attorney

If you’re dealing with contested or questionable estate claims and need clear next steps, 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.