Short Answer

In North Carolina, you add a claim or expected payout to an estate by opening an intestate estate and having a personal representative (an administrator) appointed. The administrator then becomes the only person authorized to pursue, settle, or receive that claim for the estate, subject to creditor rules and proper distribution to heirs. If the claim is jointly held, special rules may limit what is pulled into the estate or how it is used.

Understanding the Problem

North Carolina: You are a child-heir asking how to open an intestate estate so an administrator can handle a pending claim with a third party, which is also held by a sibling. You want the claim addressed through probate so assets and claims are fairly handled among heirs by the Clerk of Superior Court process.

Apply the Law

Under North Carolina law, an estate must be opened and a personal representative appointed to act for the decedent. The administrator controls estate assets, can prosecute or settle the decedent’s claims, and must follow creditor notice and payment rules before distributing the remainder to heirs. If a claim is jointly held with survivorship features, only the decedent’s portion may be reachable—and then typically only to pay estate debts—before any distribution.

Key Requirements

• Open an intestate estate and qualify the administrator: File an application for Letters of Administration with the Clerk of Superior Court in the county of the decedent’s domicile; take the oath and post bond if required.
• Administrator’s authority over claims: Once appointed, the administrator—not individual heirs—pursues, settles, or receives the decedent’s claims and must use an estate account.
• Creditor process and bar date: Publish and mail notice to creditors; claims must be presented within the statutory window before assets are distributed.
• Jointly held claims or funds: If the claim or account is jointly held with survivorship, only the decedent’s share may be subject to estate debts, and the administrator may need to recover it formally.
• Wrongful death vs. survival claims: Wrongful death is brought by the administrator, but proceeds are distributed to statutory beneficiaries, not to pay most debts; survival claims belong to the estate and are distributed after paying claims.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-6-1 (Application for letters) – How to apply for appointment as personal representative.
• North Carolina Gen. Stat. § 28A-19-3 (Presentation of claims; bar) – Time limits and effect of failing to present a claim.
• North Carolina Gen. Stat. § 41-2.1 (Joint accounts; survivorship) – Estate’s limited reach into joint accounts to pay claims.
• North Carolina Gen. Stat. § 28A-15-12 (Actions to recover property) – Administrator’s tools to recover assets for the estate.

Analysis

Apply the Rule to the Facts: Because your parent died without a will, an heir can petition the Clerk of Superior Court to be appointed administrator. Once appointed, that administrator—not individual children—can add the third‑party claim to the estate, communicate with the company, and receive any payment into the estate account. If the claim is jointly held with a sibling and includes survivorship, the administrator may only reach the decedent’s share, primarily to pay estate debts, before any remaining portion is distributed as the law allows.

Process & Timing

1. Who files: An heir. Where: Clerk of Superior Court in the North Carolina county where the decedent lived. What: File AOC‑E‑202 (Application for Letters of Administration), take the oath, and address bond (AOC‑E‑401 and, if applicable, waivers AOC‑E‑404). When: As soon as practical to protect and pursue claims.
2. After qualification, open an estate bank account and publish/mailing notice to creditors. Allow the creditor claim period to run (at least 90 days from first publication) while you gather information and document the third‑party claim.
3. Administrator updates the third party to the estate’s status, substitutes into any pending case if needed, obtains any necessary court approvals for settlements, collects proceeds into the estate account, pays allowed claims, then distributes the net balance to heirs and files a final account.

Exceptions & Pitfalls

• Joint claim or survivorship funds may not be full estate assets; the administrator may only recover the decedent’s share, often only to pay estate debts.
• Do not pursue or settle the claim personally once an administrator is appointed; only the administrator has authority to act for the estate.
• Publish and mail creditor notice correctly; known creditors (including potential government reimbursement claims) should be mailed notice to start their clock.
• If a civil case is already filed, promptly substitute the administrator as the proper party to avoid dismissal or statute-of-limitations issues.
• Wrongful death proceeds follow different distribution rules than survival claims; confirm the claim type before allocating funds.

Talk to a Probate Attorney

If you’re dealing with a pending claim and need to open an estate so it’s handled and distributed correctly, 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.