How do I challenge an executor’s decision to deny my invoice for the decedent’s expenses? – North Carolina

Short Answer

In North Carolina, an invoice for work done for the decedent can be treated as a creditor claim against the estate. If the executor (personal representative) denies the claim, the usual way to challenge that denial is to file the appropriate court proceeding to establish the claim before the deadline that applies after a rejection notice. Because probate is handled through the Clerk of Superior Court, many estate disputes start there, and some orders can be appealed to a Superior Court judge on a short timeline.

Understanding the Problem

In a North Carolina estate administration, can a person who submitted an invoice for expenses or improvements related to the decedent’s property challenge the executor’s decision to deny payment of that invoice? The decision point is whether the invoice qualifies as a valid claim against the estate that can be enforced after the executor rejects it, and what procedural step must be taken with the Clerk of Superior Court (and possibly the Superior Court) to contest the denial.

Apply the Law

North Carolina probate is administered in the office of the Clerk of Superior Court, which has original jurisdiction over estate administration matters. A person seeking payment from an estate generally must (1) timely present a claim in the manner required by North Carolina’s “non-claim” rules, and (2) if the personal representative rejects the claim, timely pursue the proper court process to establish and enforce it. These deadlines can operate independently of any ordinary contract statute of limitations, so timing and proof of presentation/rejection matter.

Key Requirements

Timely presentation of the claim: The claim must be presented within the applicable non-claim deadline (often tied to the estate’s published notice to creditors, and sometimes extended if personal notice is required for a known creditor).
Proof the estate owes the amount claimed: The claim must be supported with clear documentation showing what work was done, who requested/authorized it (the decedent or the estate), and why the amount is owed (contract, agreement, or other enforceable basis).
Timely action after rejection: If the personal representative denies the claim, the claimant generally must file the correct court action/proceeding to establish the claim within the post-rejection deadline or risk the claim being barred.

What the Statutes Say

N.C. Gen. Stat. Chapter 28A, Article 19 (Claims Against the Estate) – sets the rules for presenting claims against an estate, the non-claim deadlines, and procedures that apply when claims are disputed.
N.C. Gen. Stat. § 7A-241 (Probate jurisdiction) – places original jurisdiction for estate administration in the superior court division, exercised by the Clerk of Superior Court.
N.C. Gen. Stat. § 1-301.3 (Appeal of estate matters determined by clerk) – explains how and when to appeal certain clerk orders in trust and estate matters, including the general 10-day appeal window after service of the order.

Analysis

Apply the Rule to the Facts: The invoice for work performed improving the parent’s property is being treated as a claim for payment from the estate, and it was submitted to the probate clerk. Once the executor (and counsel) denied the invoice, the next question becomes whether the claim was presented within the non-claim deadline and whether there is proof the decedent (or the estate) agreed to pay for the work. If those pieces line up, the challenge typically shifts from “asking the executor to pay” to “filing the proper proceeding to establish the claim” within the post-rejection deadline.

Process & Timing

Who files: The claimant (the person or business seeking payment). Where: typically the Clerk of Superior Court in the county where the estate is being administered (the estate file). What: a filing that asks the court to determine the validity of the claim after rejection (often handled as a contested estate matter or related civil action, depending on the posture and local practice). When: act immediately after receiving a written rejection/denial; the deadline to sue after rejection can be short and can bar the claim if missed.
Next step: Gather and organize proof: any written agreement, texts/emails, invoices, receipts for materials, photos of the work, dates of performance, and evidence of who requested the work (the decedent before death versus the executor after death). Be prepared for the executor to argue the work was a gift, was not authorized, was not reasonably priced, or benefited an heir rather than the estate.
Final step: The clerk (or a judge, depending on the procedure used) enters an order/judgment allowing or disallowing the claim. If the clerk enters an order in an estate matter, an aggrieved party may have a limited time to appeal to a Superior Court judge under the appeal statute.

Exceptions & Pitfalls

Non-claim deadline traps: North Carolina’s estate non-claim rules can bar claims even if an ordinary contract limitation period has not run. Claims arising after death can have different timing rules than claims that existed before death.
Authorization problems: Work done at the request of a family member (rather than the decedent or the executor acting for the estate) is often disputed. Clear proof of who requested the work and on what terms is critical.
Wrong forum or wrong filing: “Filing an invoice with the clerk” may not be the same as filing the correct action to enforce a rejected claim. If the executor has issued a formal rejection, the next step is usually a court filing to establish the claim, not continued informal negotiation.
Appeal timing: If the clerk enters an order deciding the dispute, the appeal window can be very short (often 10 days after service of the order under the estate-appeal statute), so counsel should be involved early.

Conclusion

In North Carolina, challenging an executor’s denial of an invoice generally means treating the invoice as a creditor claim and then timely filing the proper court proceeding to establish the claim after rejection. The key issues are whether the claim was presented within the estate’s non-claim deadline and whether there is solid proof the decedent or the estate agreed to pay for the work. The most important next step is to file the enforcement proceeding with the Clerk of Superior Court (estate file) before the post-rejection deadline expires.

Talk to a Probate Attorney

If a claim for a decedent’s expenses or property work has been denied in an estate administration, our firm has experienced attorneys who can help evaluate the documentation, confirm the controlling deadlines, and take the right procedural step with the Clerk of Superior Court. 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.