Answer: Filing a Claim Against an Estate in Probate Court
When someone passes away in North Carolina, their debts and obligations do not simply disappear. Creditors and other claimants must follow specific steps to seek payment from the decedent’s estate. North Carolina law provides clear rules on how and when you may file those claims.
1. Understand the Basic Rules for Presenting a Claim
Under North Carolina law, you present your demand by filing a written proof of claim with the clerk of superior court where the estate is being administered. You must include:
- Your name and address.
- The name of the decedent and the estate file number.
- The exact amount you believe you are owed.
- A brief statement of the basis for your claim (for example, goods sold, services rendered, or a loan).
File your claim with the clerk’s office promptly. Then send a copy to the personal representative (the person handling the estate). Doing both fulfills your legal duty under N.C. Gen. Stat. § 28A-18-2.
2. Meet the Filing Deadline
North Carolina sets firm time limits on when you can present a claim:
- If the estate publishes a notice to creditors in a local newspaper, you must file within three months after the first publication. (N.C. Gen. Stat. § 28A-18-3(a).)
- If the estate does not publish notice, you have one year from the date of the decedent’s death to file. (N.C. Gen. Stat. § 28A-18-3(b).)
Missing these deadlines usually bars your claim forever. If the personal representative disallows your claim in whole or in part, you may petition the court for authorization to file a lawsuit against the estate. You must do this within 90 days after you receive notice of disallowance. (N.C. Gen. Stat. § 28A-18-5.)
3. Attend to Priority and Payment
North Carolina law ranks claims in the following order of payment:
- Costs of administering the estate (including court costs and attorney fees).
- Funeral and burial expenses.
- Last illness medical expenses.
- Family allowances under N.C. Gen. Stat. § 28A-13-3.
- Other secured and unsecured claims based on the order in which you presented them.
Key Steps for Filing Your Claim
- Locate the estate file number by contacting the clerk’s office where the decedent lived.
- Prepare a written proof of claim with all required details.
- File the form with the clerk of superior court and pay any filing fee.
- Mail or deliver a copy to the personal representative at their business or residential address.
- Track the deadlines: three months after notice or one year after death.
- If your claim is denied, file a petition to authorize suit within 90 days of disallowance.
- Monitor the estate’s distributions to see when and how claims get paid.
Conclusion & Call to Action
Filing a claim against an estate in North Carolina requires careful preparation and strict attention to deadlines under state law. Pierce Law Group’s probate attorneys handle these complexities every day. If you need help presenting or enforcing a claim against an estate, contact Pierce Law Group for guidance. Email us at intake@piercelaw.com or call (919) 341-7055. Let us put our experience to work for you.
