How long do I have to file or withdraw a creditor’s claim in probate after a decedent’s death? – North Carolina

Short Answer

In North Carolina, a creditor with a pre‑death claim must present it by the later of the date in the estate’s published notice to creditors (at least three months after first publication) or within 90 days after any personal mailed notice. If the personal representative (PR) gives written rejection, you have three months to file a lawsuit. You may withdraw a filed claim by submitting a written withdrawal in the estate file and sending a copy to the PR; just know that withdrawing after the bar date can prevent refiling.

Understanding the Problem

You’re asking, under North Carolina probate, how long you have to file a creditor’s claim and, if already filed, how to withdraw it and whether there are deadlines to keep the claim alive. You act for a healthcare provider that already filed a claim for medical services. You want to know whether to close the claim now or proceed with collection if the personal representative does not act.

Apply the Law

North Carolina requires the PR to publish a general notice to creditors after appointment, and to mail personal notice to known or reasonably ascertainable creditors. Pre‑death claims must be presented in writing by the later of the published deadline or 90 days after personal notice. A claim is presented by delivering it to the PR or filing it with the Clerk of Superior Court in the county where the estate is pending. If the PR issues a written rejection, the creditor must commence a civil action within three months. Claims that arise at or after death have a separate six‑month presentment window keyed to when the claim arises or performance is due. Certain claims (for example, federal claims, state taxes, and enforcement of valid liens) are not barred by the non‑claim statute. If no publication occurs within three years of death, claims subject to the bar are nevertheless cut off.

Key Requirements

• Timely presentment: File or deliver a written claim by the published bar date or, if you received personal notice, within 90 days after that mailing—whichever is later.
• Proper format and delivery: Your claim must state the amount, basis, and your name and address; deliver to the PR or file with the Clerk as allowed.
• Post‑death claims: If the claim arises after death, present within six months of accrual (timing varies by whether it’s based on a contract with the PR).
• Action after rejection: If the PR gives written rejection, you must start a lawsuit within three months to preserve the claim.
• Withdrawal: You may withdraw your claim by filing a short written notice of withdrawal in the estate file and sending a copy to the PR; refiling after the bar date is generally not allowed.
• Exceptions: Federal claims, North Carolina tax claims, and enforcement of valid security interests are not barred by these deadlines; insurance‑covered claims may also be treated differently.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – PR must publish notice and mail personal notice to known creditors; sets the framework for the bar date.
• North Carolina Gen. Stat. § 28A-19-1 (Presentation of claims) – Requires written claims and specifies acceptable delivery/filing methods.
• North Carolina Gen. Stat. § 28A-19-3 (Limitation on presentation of claims) – The non‑claim statute; sets the deadlines and lists exceptions.
• North Carolina Gen. Stat. § 28A-19-16 (Action on rejected claims) – Requires suit within three months after written rejection.

Analysis

Apply the Rule to the Facts: As a healthcare provider, you are a known creditor, so you should receive personal notice; your claim was already filed, satisfying presentment. If you decide to withdraw, file a simple written withdrawal in the estate file and mail a copy to the PR; if you later change course after the bar date, you likely cannot refile. If the PR issues a written rejection, you must sue within three months; if the PR remains silent, you can ask the Clerk of Superior Court to set an estate proceeding to prompt action.

Process & Timing

1. Who files: Creditor. Where: Clerk of Superior Court in the county where the estate is opened (North Carolina). What: A written claim stating amount, basis, and creditor contact; deliver to the PR or file with the Clerk as allowed by statute. When: By the bar date in the published notice (at least three months after first publication) or within 90 days after personal mailed notice, whichever is later.
2. Withdrawal: File a short “Notice of Withdrawal of Claim” in the estate file and mail a copy to the PR. If you’ve settled via assumption or other satisfaction, file the signed agreement so the PR can close the claim on that basis. County practices vary, so include the estate file number and claim details.
3. If rejected: Upon receiving written rejection from the PR, commence a civil action to recover the claim within three months. The expected outcome is either payment per priority, a settlement, or a court judgment. If the PR neither allows nor rejects, you may petition the Clerk for directions in an estate proceeding.

Exceptions & Pitfalls

• Missing the presentment deadline or the three‑month post‑rejection window generally bars the claim.
• Withdrawing a claim after the bar date may prevent you from refiling the same claim in probate.
• Personal notice to known creditors shortens the window to 90 days after mailing if that date is later than the published bar date—track both dates.
• If your claim arises after death (e.g., post‑death charges), different six‑month rules apply.
• Keep proof of delivery or filing; improper service can create disputes over timeliness.
• Certain claims (federal, state tax, secured liens, some insurance‑covered liabilities) are not barred by these deadlines.

Talk to a Probate Attorney

If you’re dealing with creditor claim deadlines or deciding whether to withdraw a filed claim in 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.