Where should we send the facility’s final statement and supporting paperwork for the estate? – North Carolina

Short Answer

In North Carolina, a senior care facility should send the final statement and supporting paperwork to the estate’s personal representative (the executor or administrator), not to family members informally. If no personal representative has been appointed yet, the facility can ask for a copy of the Letters Testamentary or Letters of Administration and hold the paperwork until there is an authorized contact. If the facility needs to preserve its right to be paid, the facility may also need to present a written creditor claim in the manner allowed by North Carolina law.

Understanding the Problem

In North Carolina probate, where should a senior care facility send a deceased resident’s final statement and supporting paperwork so the estate can review it and decide whether and when it gets paid? When a resident dies, the key decision point is whether there is an appointed personal representative with legal authority to receive bills and act for the estate, or whether the estate has not yet opened and no one has that authority.

Apply the Law

North Carolina estates are typically handled through the Clerk of Superior Court in the county where the estate is opened. The personal representative (executor under a will, or administrator if there is no will) is the person who receives and evaluates creditor claims, decides whether to pay or dispute them, and pays valid claims in the proper order from estate assets. A creditor claim generally must be in writing and should clearly state what is owed and why.

Key Requirements

• Send it to the right legal contact: The proper recipient is the estate’s personal representative (or the personal representative’s attorney, if one is handling communications), because that person has authority to act for the estate.
• Make the paperwork “claim-ready”: A claim should be in writing and include the amount owed, the basis for the charge, and the creditor’s name and address so the personal representative can evaluate and respond.
• Watch the creditor-claim deadline: Estates publish a notice to creditors and set a deadline for presenting claims. Missing that deadline can bar payment, even if the bill is legitimate.

What the Statutes Say

• N.C. Gen. Stat. § 28A-19-1 (Presentation of claims) – Requires creditor claims to be in writing and describes the basic information a claim must include.
• N.C. Gen. Stat. § 28A-19-3 (Limitations on presentation of claims) – Sets time limits that can bar late-presented claims against an estate.

Analysis

Apply the Rule to the Facts: The facility has post-death paperwork and a final statement tied to a deceased resident. Under North Carolina practice, that packet should go to the estate’s personal representative because that person is responsible for receiving and handling claims. If no personal representative exists yet, the facility can request proof of authority (Letters) and avoid sending sensitive billing documentation to someone who cannot legally act for the estate.

Process & Timing

1. Who sends: The facility’s billing/records contact. Where: To the personal representative listed on the Letters (or the personal representative’s attorney, if provided). What: A written final statement plus itemization and supporting documents (dates of service, contract/admission agreement, ledger, payments/adjustments, and any insurance/EOB information if relevant). When: As soon as practical after death and before the estate’s creditor-claim deadline runs.
2. Confirm authority: Ask for a copy of Letters Testamentary or Letters of Administration. If none exist, document the request and hold the packet until an authorized contact is identified.
3. Preserve the claim if needed: If payment is time-sensitive or the estate is slow to open, present a written claim in a manner consistent with North Carolina’s creditor-claim rules so the personal representative must address it.

Exceptions & Pitfalls

• Sending it to the wrong person: Family members may be helpful contacts, but they may not have legal authority. Without Letters, there may be no one who can accept the claim on the estate’s behalf.
• Incomplete claim information: Missing itemization, unclear dates of service, or no creditor address can delay review and increase the chance of a dispute.
• Assuming “mailing a bill” equals a proper claim: A routine invoice may not satisfy the estate’s claim requirements or may not be sent to the correct recipient. Using a clear written claim format and keeping proof of delivery helps avoid later disputes.

Conclusion

In North Carolina, the facility should send the final statement and supporting paperwork to the estate’s personal representative (executor/administrator) shown on the Letters, because that person receives and decides creditor claims. If no personal representative has been appointed, the facility should request the Letters and hold the packet until an authorized contact exists. The most important next step is to present the bill as a written claim to the personal representative before the estate’s creditor-claim deadline under the notice to creditors.

Talk to a Probate Attorney

If a facility is dealing with post-death billing and needs to make sure the final statement is routed correctly and presented in a way that protects payment rights, a probate attorney can help identify the proper personal representative 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.