Short Answer

In North Carolina, a decedent’s individual debts are paid from the estate, not the surviving spouse, unless the spouse was a joint obligor or is liable under the “necessaries” rule for certain medical expenses. Credit card balances solely in the decedent’s name are estate debts. Medical providers can file claims against the estate and, in some cases, pursue the surviving spouse for necessary care, subject to defenses. A home owned as tenants by the entirety passes to the spouse and is generally not available to the decedent’s individual creditors.

Understanding the Problem

In North Carolina probate, can creditors collect a deceased parent’s individual credit card and medical bills from the surviving mother when she didn’t sign for them? Here, the couple co-owned their home, and an out-of-state adult child plans to serve as administrator. This question matters because who pays debts drives whether the estate must be opened, whether to publish notice to creditors, and whether the family should avoid options that shift liability to the spouse.

Apply the Law

Under North Carolina law, individual debts follow the decedent’s estate. The personal representative (administrator) gathers estate assets, publishes and mails notice to creditors, and pays valid claims in statutory order from estate funds. A surviving spouse is not automatically liable for the decedent’s credit cards unless the spouse agreed to the account. However, North Carolina recognizes a “necessaries” doctrine that can make a spouse responsible for necessary medical expenses incurred during the marriage, subject to specific requirements and defenses. A home owned by spouses as tenants by the entirety passes to the survivor at death and does not become an estate asset; unsecured individual creditors of the decedent generally cannot reach it after death. The Clerk of Superior Court is the main forum for estate administration. Creditors must present claims by the date in the published notice (no earlier than three months after first publication), and known creditors who receive mailed notice have 90 days from mailing if that expires later.

Key Requirements

• Estate pays estate debts: Individual credit cards in the decedent’s name are claims against the estate, not the surviving spouse.
• Spousal liability is limited: The spouse owes only on joint accounts or where the “necessaries” rule applies to medical bills, and even then creditors must meet specific elements.
• Notice to creditors: Administrator must publish notice and mail notice to known creditors to start the claim deadlines and bar late claims.
• Order of payment: Claims are paid by statutory priority; general unsecured credit cards are near the bottom.
• Entireties home protection: A home owned as tenants by the entirety passes to the surviving spouse and is generally not available for the decedent’s individual unsecured creditors.
• Administrator logistics: A nonresident administrator may serve but should expect to post bond and appoint a North Carolina resident process agent.

What the Statutes Say

• Notice to creditors (G.S. 28A-14-1) – Requires published notice and mailed notice to known creditors.
• Presentation and bar of claims (G.S. 28A-19-3) – Sets the time limits; mailed-notice creditors have 90 days if later than the published date.
• Order of payment of claims (G.S. 28A-19-6) – Establishes claim priority, including funeral costs and taxes ahead of general unsecured debts.
• Limited recovery of nonprobate assets (G.S. 28A-15-10) – Allows limited reach-back to certain nonprobate assets if estate funds are insufficient.

Analysis

Apply the Rule to the Facts: The credit card debts in only your parent’s name are claims against the estate and do not pass to your mother. The home they owned together is tenants by the entirety property; it passes directly to your mother and is generally off-limits to your parent’s individual unsecured creditors, so the estate may have few assets for payment. Medical providers can file claims against the estate and may also pursue your mother under the “necessaries” rule, but that depends on proof of necessity and other conditions. Publishing and mailing timely creditor notices will set hard deadlines that can bar late claims.

Process & Timing

1. Who files: The adult child. Where: Clerk of Superior Court in the North Carolina county where the decedent was domiciled. What: Apply for Letters of Administration (AOC‑E‑202). When: As soon as practical to begin notice and claims management.
2. Notice to creditors: After letters issue, publish a notice to creditors in a local newspaper once a week for three consecutive weeks and mail notice to known creditors. Creditors must present claims by the date in the notice (no earlier than three months after first publication), and mailed-notice creditors have 90 days from mailing if later.
3. Claims and wrap-up: Collect estate assets, evaluate and pay allowed claims in statutory order, file the inventory and Affidavit of Notice to Creditors (AOC‑E‑307), then close the estate when claims and distributions are complete.

Exceptions & Pitfalls

• Summary administration risk: Using the spouse-only shortcut can shift liability for the decedent’s debts to the surviving spouse up to the value received—often a bad fit if there are unpaid bills.
• Medical “necessaries” rule: A spouse can be liable for necessary medical care even without signing; defenses and proof requirements apply.
• Entireties real estate: The estate cannot use a tenants-by-the-entirety home to pay the decedent’s individual unsecured debts; sale requires the surviving spouse (or a court‑appointed guardian if the spouse lacks capacity).
• Notice mistakes: Failing to publish or mail proper notices can leave claims open and derail timelines; follow the statute and file the affidavit of notice.
• Nonresident administrator: Expect to post bond and appoint a North Carolina resident process agent to serve.

Talk to a Probate Attorney

If you’re dealing with post‑death credit card balances and medical bills and need to understand who owes what, 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.