Short Answer

Usually yes. In North Carolina, if you want the decedent’s estate to reimburse you for the decedent’s share of mortgage, taxes, insurance, or necessary repairs you paid, you should submit a written creditor claim to the personal representative (or file it with the Clerk of Superior Court) by the estate’s claim deadline. Separately, in any partition case between co-owners, the court can award credits for those carrying costs, but filing a timely estate claim protects your reimbursement rights if estate assets are available.

Understanding the Problem

In North Carolina, you and your late partner held title as tenants in common (no survivorship). The partner’s heirs now claim the decedent’s half and threaten a partition sale. Your question: must you file a creditor claim in the estate to recover the decedent’s share of the mortgage and other carrying costs you have been paying?

Apply the Law

Under North Carolina law, people who are owed money by a decedent must present a written claim to the estate within strict deadlines. A claim can be delivered to the personal representative (PR) or filed with the Clerk of Superior Court in the county where the estate is pending. Claims that arose before death are barred if not presented by the date in the estate’s published notice to creditors (with a limited extension for those who receive individual mailed notice). Claims arising after death (for example, certain post‑death preservation costs) also have short presentment windows. If the PR rejects a claim, you must file a civil action within three months of written rejection. In a separate track, partition law lets the court account for mortgage, taxes, insurance, necessary repairs, and net rents between cotenants and award credits or setoffs at sale or when dividing proceeds; that accounting does not replace the estate-claim process if you also seek payment from estate assets.

Key Requirements

• Written claim content: State the amount (or items) you seek, the basis (e.g., mortgage, taxes, insurance, necessary repairs), and your name and address.
• How to present: Deliver to the PR or file with the Clerk of Superior Court where the estate is pending; if filed with the Clerk, the Clerk mails a copy to the PR at your expense.
• Deadlines: Pre‑death claims must be presented by the date in the published notice to creditors (or within 90 days after personal notice if later). Post‑death claims generally must be presented within six months of when they arise.
• If rejected: Start a civil action within three months after written rejection or the claim is barred.
• Partition credits: In any partition case, ask the court to credit you for carrying costs paid above your share; this adjusts the co‑owners’ shares even if the estate has no funds.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-19-1 (Presenting claims) – Written claim, what it must contain, and how to deliver it to the PR or file with the Clerk.
• North Carolina Gen. Stat. § 28A-19-3 (Claim deadlines and bars) – Non‑claim statute setting strict time limits for pre‑death and post‑death claims.
• North Carolina Gen. Stat. § 28A-19-16 (Rejected claims—time to sue) – Three‑month deadline to sue after written rejection.

Analysis

Apply the Rule to the Facts: Because you and the decedent were tenants in common and you have been paying mortgage and other carrying costs, you should present a written estate claim for the decedent’s share by the deadline in the notice to creditors. For amounts you paid after death to preserve the property, present those as post‑death claims within six months of when each cost arose. In parallel, if heirs push a partition, request an accounting and credits so your payments are recognized against their share, even if the estate cannot pay.

Process & Timing

1. Who files: The paying co‑owner. Where: Present to the personal representative or file with the Clerk of Superior Court in the county where the estate is pending. What: A written creditor claim stating amount, basis, and your contact information (no mandatory statewide form). When: By the date in the estate’s published notice to creditors; if you receive personal mailed notice, within 90 days of that mailing if later; post‑death claims generally within six months of accrual.
2. The PR reviews, allows, or rejects the claim. If rejected, you have three months from written rejection to file a civil action to recover.
3. If a partition case is filed or threatened, ask the court for an accounting and credits for mortgage, taxes, insurance, necessary repairs, and net rents; if a sale occurs, credits are applied in the distribution of proceeds.

Exceptions & Pitfalls

• Missed deadlines: Late claims are “forever barred,” even if otherwise valid.
• Post‑death expenses: If not based on a contract with the PR, these still must be timely presented; don’t assume they’re automatically reimbursed.
• Service/notice traps: Filing with the Clerk is valid presentment, but you pay mailing costs; keep proof of delivery.
• Partition vs. probate: Partition credits help adjust shares between co‑owners but do not replace filing a timely estate claim if you want payment from estate assets.
• Documentation: Keep invoices, proof of payment, loan statements, tax bills, insurance declarations, and repair receipts to substantiate your claim and credits.

Talk to a Partition Action Attorney

If you’re dealing with heirs seeking a partition sale while you’ve carried the mortgage and other costs, our firm has experienced attorneys who can help you understand your options and timelines. 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.