How Does a Wrongful Death Claim Affect North Carolina’s Probate Process and Estate Distributions?
Detailed Answer
When someone dies because of another party’s wrongdoing, North Carolina law allows a separate wrongful death action under N.C. Gen. Stat. § 28A-18-2. That claim does not start inside the probate court. Instead, the personal representative or a family member files a lawsuit in civil court. You preserve the decedent’s right to recover damages for loss of support, loss of services, and pain and suffering.
After you win or settle the wrongful death case, the recovery enters the estate if probate remains open. If you already closed the estate, you must ask the clerk of court to reopen it under N.C. Gen. Stat. § 28A-15-2. The personal representative then deposits the funds into the estate’s account. From there, you distribute the proceeds according to the will or, if there is no will, under North Carolina’s intestacy rules in Chapter 28A-14.
North Carolina law sets a clear order for paying claims and expenses. Funeral costs, administration expenses, and reasonable attorney fees come first. Once those expenses clear, the remaining wrongful death recovery flows to the decedent’s heirs. The statute outlines how to divide those funds among spouse, children, parents, or other relatives.
Regarding attorney fees, the wrongful death attorney typically works on a contingency fee basis. The court reviews and approves any fee agreement to make sure it follows statutory guidelines. You must keep the estate’s fee arrangement separate from the probate attorney’s fees. This separation ensures the heirs receive the full share of any recovery after valid expenses and approved fees.
Key Points to Understand
- Separate Legal Action: A wrongful death claim arises outside probate and requires its own court filing.
- Role of Personal Representative: The executor or administrator may file the claim or work with a family member who brings it.
- Inclusion in Estate: After settlement or judgment, recovery enters the estate account and follows probate procedures.
- Statutory Distribution: N.C. Gen. Stat. § 28A-18-2 dictates payment order and heir shares once expenses and fees clear.
- Attorney Fees: The court reviews contingency agreements to ensure compliance with North Carolina law and protects the heirs’ interests.
If your loved one’s estate involves a wrongful death claim, you need clear guidance. At Pierce Law Group, our attorneys know probate and wrongful death procedures. We help you navigate filings, reopen an estate if needed, and protect your family’s inheritance.
Contact Pierce Law Group today to discuss your case. Email us at intake@piercelaw.com or call (919) 341-7055. Let us put our experience to work for you.
