What is the deadline to submit a creditor claim if I’m a known creditor under a written divorce settlement agreement? – North Carolina

Short Answer

In North Carolina, a known creditor generally must present a written claim to the estate by the later of (1) the deadline stated in the estate’s published “notice to creditors” (commonly three months from first publication) or (2) 90 days after the personal representative mails or personally delivers written notice to that known creditor, if that 90-day period ends later. Missing the applicable deadline can bar the claim. Because divorce settlement obligations can involve ongoing or contingent amounts, it is usually safer to present a timely written claim even if the exact amount is still being determined.

Understanding the Problem

Under North Carolina probate law, when a former spouse dies owing obligations under a written divorce settlement agreement, the key question is: what deadline applies to present a creditor claim against the estate when the former spouse is a known creditor. The timing often matters when the claim involves cooperation duties (like signing prior-year joint returns) and reimbursement or support obligations that may affect whether the estate can cover taxes, interest, and penalties.

Apply the Law

North Carolina estates are administered under the supervision of the Clerk of Superior Court in the county where the estate is opened. After a personal representative (executor/administrator) is appointed, the estate must give notice to creditors. North Carolina then imposes a claims “bar” date: if a claim is not presented on time, it can be forever barred. For a known creditor who is entitled to mailed or personally delivered notice, the law generally gives a 90-day window from that delivery/mailing if that window ends later than the published deadline.

Key Requirements

Timely presentment: The claim must be presented by the applicable deadline (the published deadline, or 90 days after mailed/personal notice to a known creditor if later).
Written claim with required details: The claim should be in writing and identify what is owed, why it is owed (the divorce settlement agreement), and the claimant’s contact information.
Proper delivery to the right place: The claim must be delivered using an accepted method (commonly to the personal representative and/or filed with the Clerk of Superior Court where the estate is pending).

What the Statutes Say

N.C. Gen. Stat. Chapter 28A, Article 19 (Claims Against the Estate) – Sets the rules for how and when creditor claims must be presented and when late claims can be barred.
N.C. Gen. Stat. Chapter 28A, Article 14 (Notice to Creditors) – Requires published notice and, for certain known creditors, mailed or personally delivered notice.

Analysis

Apply the Rule to the Facts: The former spouse’s rights under a written marital settlement agreement can make the former spouse a creditor of the decedent’s estate for unpaid support/reimbursement obligations and other enforceable payment duties. If the personal representative knows about that agreement and the unpaid obligations, the former spouse may be entitled to mailed or personally delivered notice as a known creditor, which can trigger a 90-day deadline from that notice if it falls later than the published deadline. Because the concern involves potential tax exposure tied to joint returns, presenting a timely claim can preserve the ability to seek reimbursement or other amounts the agreement requires, even if the final numbers (tax, interest, penalties) are not yet fully known.

Process & Timing

Who files: The creditor under the divorce settlement agreement (the former spouse or the former spouse’s counsel). Where: With the Clerk of Superior Court in the county where the estate is being administered and/or delivered to the personal representative at the address listed in the notice to creditors. What: A written creditor claim identifying the agreement, the nature of the obligation, and the amount claimed (or a good-faith estimate if the amount is still being calculated). When: By the deadline in the published notice, or within 90 days after mailed/personal notice to a known creditor if that 90-day period ends later.
Personal representative review: The personal representative decides whether to treat the claim as valid, request supporting documentation, pay it, negotiate it, or reject it. If the claim is rejected, North Carolina law imposes a separate, shorter deadline to file suit after rejection notice.
Resolution: The claim is paid (in whole or part), settled, or litigated. If the estate is insolvent, payment may depend on statutory priority rules rather than the order claims arrive.

Exceptions & Pitfalls

Waiting for “final numbers”: Tax-related reimbursement claims can take time to quantify. Waiting for perfect information can risk missing the bar date; a timely claim can be supplemented later with updated amounts and documentation.
Assuming the divorce court paperwork automatically protects the claim: A written settlement agreement may create enforceable obligations, but probate claim deadlines still apply once the obligor dies.
Sending the claim to the wrong place: A demand letter to a family member is not the same as properly presenting a claim to the personal representative and/or filing it with the Clerk where the estate is pending.
Missing the post-rejection deadline: If the personal representative rejects the claim, a separate deadline to start a lawsuit may apply, and missing it can bar recovery even if the original claim was timely presented.

For additional background on how these deadlines work in practice, see how long creditors have to file claims against an estate and what happens if a creditor has not received notice about the estate.

Conclusion

In North Carolina, a known creditor under a written divorce settlement agreement generally must present a written creditor claim by the later of the deadline stated in the estate’s published notice to creditors or 90 days after the personal representative mails or personally delivers notice to that known creditor, if that 90-day period ends later. The safest next step is to submit a written claim to the personal representative and/or file it with the Clerk of Superior Court where the estate is pending before the applicable bar date.

Talk to a Probate Attorney

If dealing with a former spouse’s death and a written divorce settlement agreement that may require reimbursement or support payments, our firm has experienced attorneys who can help explain claim deadlines, documentation, and next steps in the estate process. 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.