How can an estate make sure the insurance adjuster communicates directly with the estate’s legal representative going forward? – North Carolina

Short Answer

In North Carolina, the cleanest way to route all insurance communications through the estate’s lawyer is to send the insurer a written “letter of representation” identifying the estate’s personal representative and the attorney, and to include proof of the personal representative’s authority (Letters Testamentary or Letters of Administration). Once the insurer has that documentation, the adjuster can note the claim file and direct future calls, emails, and requests to counsel. If the adjuster keeps contacting family members or other non-clients, counsel can escalate to a supervisor and document the issue in writing.

Understanding the Problem

In a North Carolina wrongful death claim, can the estate require the insurance adjuster to communicate only with the estate’s legal representative after the insurer has been told an attorney represents the estate? The decision point is whether the insurer has clear, written notice of (1) who has legal authority to act for the estate and (2) who the insurer should treat as the contact person for the claim going forward.

Apply the Law

Under North Carolina practice, the insurer typically communicates with the person who has legal authority to act for the estate (the personal representative) and that person’s attorney once representation is confirmed. In wrongful death matters, the personal representative is the party who brings the claim on behalf of the estate and statutory beneficiaries, and insurers commonly ask for proof of appointment before sharing claim file details or discussing settlement. Probate authority is issued through the Clerk of Superior Court, who has original jurisdiction over estate administration.

Key Requirements

Confirmed authority for the estate: The insurer needs the name of the personal representative and proof of appointment (typically Letters Testamentary or Letters of Administration) so the adjuster knows who can speak for the estate.
Clear written notice of attorney representation: A dated letter (or email) that identifies counsel, requests that all communications go through counsel, and provides contact details helps the adjuster update the claim file correctly.
File-specific identifiers: The letter should include the insured’s name, date of loss, claim number (if known), and the adjuster’s name (if known) so it is routed to the correct file and team.

What the Statutes Say

N.C. Gen. Stat. § 7A-241 (Probate jurisdiction) – Gives the Clerk of Superior Court authority over estate administration, which is where a personal representative’s appointment is handled.
N.C. Gen. Stat. § 8-36 (Authenticated copy of letters) – Recognizes authenticated copies of letters testamentary/administration as evidence of authority, which is the type of documentation insurers often request.

Analysis

Apply the Rule to the Facts: Here, an attorney represents an estate pursuing a wrongful death claim from a motor-vehicle crash and needs the claim number and the assigned adjuster’s contact information. The insurer is more likely to provide claim file details and route communications to counsel once it receives a written representation notice that identifies the personal representative and includes proof of appointment (Letters). Without that documentation, the adjuster may treat the matter as unverified and continue contacting family members or requesting information from multiple people.

Process & Timing

Who sends notice: The estate’s attorney (on behalf of the personal representative). Where: To the insurer/claims department and the assigned adjuster (email and certified mail are common). What: A letter of representation that (a) identifies the estate and personal representative, (b) requests that all communications go through counsel, (c) asks for the claim number and adjuster contact details, and (d) attaches Letters Testamentary/Letters of Administration (and, if helpful, the death certificate and crash report reference). When: As early as possible, ideally before substantive discussions about liability, recorded statements, or settlement.
File confirmation: The adjuster should confirm the claim number, the assigned adjuster, and the preferred method for sending documents. If the insurer uses a general intake address, counsel can ask for written confirmation that the representation notice was added to the claim file.
Escalation if contacts continue: If the adjuster keeps calling family members or bypassing counsel, counsel can send a follow-up “do not contact” instruction in writing, ask for a supervisor, and document each improper contact attempt for the claim record.

Exceptions & Pitfalls

No appointed personal representative yet: If an estate has not opened (or no Letters have issued), the insurer may limit what it will discuss and may refuse to negotiate meaningfully until authority is established.
Sending notice without enough identifiers: If the letter does not include the insured’s name, date of loss, and other routing details, it may not reach the correct adjuster, and the insurer may continue contacting others.
Multiple family members communicating: When several relatives call the insurer, the adjuster may keep multiple contacts active. A single written instruction from counsel, tied to the personal representative’s authority, helps shut that down.
Recorded statements and informal releases: Insurers sometimes request recorded statements or send broad authorizations early. Routing communications through counsel helps control what is provided and when.

Conclusion

In North Carolina, the practical way for an estate to ensure an insurance adjuster communicates only with the estate’s lawyer is to give the insurer clear written notice of representation and proof that a personal representative has authority to act for the estate. That usually means sending a letter of representation with the Letters Testamentary or Letters of Administration attached and asking the insurer to confirm the claim number and adjuster assignment in writing. The next step is to send that notice promptly so the claim file is updated before substantive discussions occur.

Talk to a Wrongful Death Attorney

If an estate is dealing with an insurance adjuster after a fatal motor-vehicle crash and needs communications routed through counsel (and the claim file details confirmed), our firm has experienced attorneys who can help explain the process and protect 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.