How do I handle and get reimbursed for paying ongoing expenses on estate property in another state when other family members aren’t contributing? – North Carolina

Short Answer

In North Carolina, a personal representative generally should not “carry” estate expenses out of pocket without a clear paper trail and a plan to get repaid through the estate’s accounting process. Properly documented, necessary expenses paid to preserve estate property are typically treated as estate administration expenses and can be reimbursed from estate assets, subject to review by the Clerk of Superior Court. If a co-administrator will not cooperate or share information, the safest path is usually to document the problem and ask the Clerk to step in before deadlines are missed.

Understanding the Problem

Under North Carolina probate practice, the key question is how a personal representative can keep estate property from falling behind on ongoing bills (like insurance, utilities, taxes, HOA dues, or emergency repairs) and then get repaid, when a co-administrator is not responding or contributing. The decision point is whether the expenses are being paid in a way that can be shown as necessary, reasonable, and connected to protecting or administering the estate, so they can be approved in the estate accounting process. This issue often comes up when estate property is located in another state and coordination is harder, while the North Carolina estate still has reporting and timing requirements.

Apply the Law

In North Carolina, a personal representative has fiduciary duties to locate and manage estate assets, pay valid debts and expenses, and then distribute what remains. When a personal representative advances funds to protect estate property, reimbursement is typically handled through the estate’s accountings filed with (and reviewed by) the Clerk of Superior Court. If co-administrators are involved, lack of cooperation can create risk because missed filings and poor records can lead to objections, delays, or personal liability claims.

Key Requirements

Expense must be an estate-related charge: The payment should be tied to preserving, protecting, or administering estate property (not improving it for a future owner or paying someone’s personal bill).
Documentation must support reimbursement: Receipts, invoices, proof of payment, and a clear description of why the payment was necessary should be kept so the expense can be shown on an accounting.
Proper reporting and approval path: Reimbursement is usually requested and supported through the annual/final accounting process (and sometimes by a separate request to the Clerk if the situation is disputed or urgent).

What the Statutes Say

N.C. Gen. Stat. § 32-59 (Compensation and reimbursement of fiduciaries other than trustees) – Allows a fiduciary to request reasonable compensation and reimbursement for expenses properly incurred in the administration of the fiduciary relationship, with the Clerk of Superior Court setting the amount.
N.C. Gen. Stat. Chapter 28A (Administration of Decedents’ Estates) – Contains the core rules for estate administration, including accountings and the Clerk’s supervision of the personal representative’s work.

Analysis

Apply the Rule to the Facts: The facts describe an estate administration in North Carolina where a co-administrator is not responding or sharing key information, creating concern about missed deadlines. That lack of cooperation makes it harder to (1) confirm what bills are due, (2) pay necessary expenses from estate funds instead of personal funds, and (3) create a clean accounting record that supports reimbursement. In this situation, the safest reimbursement strategy is to treat every out-of-pocket payment like an “estate expense advance” and build the documentation needed to show the Clerk that the payment was necessary, reasonable, and for the estate.

Process & Timing

Who files: The personal representative (including a co-administrator acting through counsel if needed). Where: The Estates Division of the Clerk of Superior Court in the North Carolina county where the estate is being administered. What: Updated inventories/accountings and supporting documentation showing the expense advances and a request that they be treated as estate administration expenses. When: Track the estate’s accounting deadlines closely; if an extension is needed, request it before the due date.
Build a reimbursement file before asking for repayment: Keep a ledger of each payment (date, payee, amount, purpose, property address, and why it was necessary). Save invoices, receipts, proof of payment, and any communications showing the co-administrator’s nonresponse.
Escalate if cooperation is blocking administration: If the co-administrator’s nonresponse is preventing access to estate accounts, records, or timely filings, consider asking the Clerk for direction and appropriate relief (for example, orders compelling action, clarifying authority, or addressing continued nonperformance).

Exceptions & Pitfalls

Paying the “wrong” expenses: Costs that look like improvements, personal convenience, or nonessential upgrades can draw objections. Reimbursement is strongest for necessary, protective expenses (insurance to prevent lapse, emergency repairs to prevent damage, required utilities to prevent freezing, and similar items).
Commingling and unclear records: Mixing estate funds with personal funds, paying cash without receipts, or failing to keep a running ledger can make reimbursement harder and can create fiduciary-duty concerns.
Out-of-state property complications: Real estate is often governed by the law of the state where it sits. Even when the North Carolina estate is open, an out-of-state property may require local counsel or an ancillary proceeding to sell, manage, or resolve liens. That can affect what expenses are required and how quickly the estate can be reimbursed.

Conclusion

In North Carolina, reimbursement for out-of-pocket payments on estate property usually depends on showing the Clerk of Superior Court that the expenses were necessary, reasonable, and properly documented as estate administration expenses. When a co-administrator is not responding, the risk is not only unfair cost-sharing, but also missed accounting deadlines and incomplete records. The most practical next step is to organize receipts and a payment ledger and then file the appropriate accounting/request with the Clerk before the next estate filing deadline.

Talk to a Probate Attorney

If an estate has ongoing bills and a co-administrator is not cooperating, it can be difficult to protect the property and still keep the estate on track with required filings. Our firm has experienced attorneys who can help clarify authority, document expense advances for reimbursement, and address noncooperation before deadlines are missed. 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.