Dec222025
Probate Q&A Series

Can I access my father’s pending litigation or benefit claims as executor? – North Carolina

Short Answer

In North Carolina, a decedent’s pending lawsuit or benefit claim usually becomes part of the estate, and the person with authority to deal with it is the court-appointed personal representative (executor under a will, or administrator when there is no will). Heirs generally do not have the legal right to take over or collect those claims on their own. To access information, communicate with lawyers or claims administrators, and receive settlement proceeds on behalf of the estate, appointment by the Clerk of Superior Court (letters testamentary or letters of administration) is typically required.

Understanding the Problem

In North Carolina probate, the key question is whether a child of a deceased parent can access, control, or collect a parent’s pending lawsuit, class action participation, or benefit claim based on being an heir, or whether appointment as the estate’s personal representative is required. The situation often comes up when a claim was filed before death, a sibling attempts to claim the proceeds directly, and the estate’s other assets are unclear. The decision point is whether the person seeking access has court-issued authority to act for the estate.

Apply the Law

North Carolina generally treats many pending claims owned by a person before death as assets that can be pursued or collected by the estate through a personal representative. Once appointed, the personal representative acts in a fiduciary role and can step into the decedent’s shoes to manage estate property, pursue appropriate claims, and gather information needed to inventory and administer assets. Different rules can apply to certain death-related claims (especially wrongful death), where the personal representative still brings the claim but the proceeds are distributed under a separate statutory framework rather than as ordinary estate assets.

Key Requirements

  • Court appointment and letters: Authority to access and act on claims usually starts when the Clerk of Superior Court appoints a personal representative and issues letters (letters of administration in an intestate estate).
  • The claim must be one the estate can pursue: Many claims “survive” the decedent and can continue through the estate, but some claims do not survive or follow special rules.
  • Proper handling and reporting: The personal representative must identify and report estate assets (including certain claims) and handle proceeds correctly, including separating and distributing wrongful death proceeds under the statute when applicable.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The parent died without a will, so an heir does not automatically have authority to obtain information or collect a pending lawsuit or benefit claim just by being a child. If the sibling tries to claim the decedent’s pending benefits or class action proceeds directly, the usual rule is that the claim belongs to the estate and must be handled through a court-appointed administrator. Because other assets are unclear (possibly a vehicle and equipment), opening an estate and completing an inventory helps establish what the estate owns, including any pending claims and related proceeds.

Process & Timing

  1. Who files: An heir (often one of the children) petitions to be appointed as administrator. Where: The Clerk of Superior Court in the county where the decedent was domiciled in North Carolina. What: Application/petition to open the estate and qualify as administrator (with supporting documents required by the Clerk) so the Clerk can issue letters of administration. When: As soon as practicable, especially if a lawsuit or benefit claim has deadlines or requires substitution of a personal representative.
  2. Gather and confirm the claim details: After letters issue, the administrator can provide proof of authority to the lawyer handling the case, the court, or the benefits/class action administrator, request status and documentation, and address any required substitution in a pending case.
  3. Inventory and handle proceeds correctly: The administrator identifies estate assets (including certain claims) and reports them in the estate inventory/accountings. If funds are received, the administrator deposits them into an estate account and distributes them only after following the estate process and any special distribution rules that apply to the specific type of claim.

Exceptions & Pitfalls

  • Wrongful death versus a claim the decedent owned before death: A wrongful death claim must be brought by the personal representative, but proceeds generally do not get treated like ordinary estate money and must be distributed under the wrongful death statute framework.
  • Sibling “claiming” the proceeds directly: Even if a settlement administrator is willing to mail a check to a family member, cashing or negotiating it without authority can create fiduciary and financial problems. Many claims administrators will require letters of administration before releasing information or funds.
  • Not opening an estate because there are “no accounts”: A pending claim can itself be an estate asset. Skipping probate can make it harder to substitute into litigation, sign releases, settle, or receive proceeds in a way that protects all heirs.
  • Small-estate shortcut may not fit: North Carolina has an affidavit-based process for certain small estates, but it has strict eligibility requirements and does not fit every situation, especially if a claim’s value is unknown or if a full administrator is needed to finish administration.
  • Deadlines in the underlying case: Class action claims, benefit appeals, or court scheduling orders can have their own deadlines. Estate qualification delays can cause avoidable complications.

Conclusion

In North Carolina, an heir generally cannot access or take over a deceased parent’s pending litigation or benefit claims just by being an heir. The person who can usually request information, sign paperwork, substitute into a case, and receive proceeds is the court-appointed personal representative (administrator in an intestate estate) acting under letters issued by the Clerk of Superior Court. The most practical next step is to open the estate with the Clerk of Superior Court and obtain letters of administration so the claim can be properly identified, inventoried, and pursued.

Talk to a Probate Attorney

If the issue involves a deceased parent’s pending lawsuit, class action payment, or benefit claim and a family member is trying to collect it outside probate, experienced attorneys can help explain the estate process, authority issues, and deadlines. 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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.