Short Answer

Yes. In North Carolina, if a personal representative is appointed solely to bring a wrongful death claim, the Clerk of Superior Court generally issues limited letters without requiring a bond at that time. A bond may be required later if the representative will receive property into the estate or if the clerk deems bond necessary to protect beneficiaries.

Understanding the Problem

You applied for Letters of Administration in North Carolina to file a wrongful death action, and the clerk asked for a bond or heir waivers. You want to know if the court can waive the bond when the only purpose is pursuing the wrongful death claim.

Apply the Law

North Carolina’s default rule is that personal representatives must post bond before letters issue. However, there is a specific exception when the representative is appointed solely to bring a wrongful death action. In that scenario, the clerk may issue letters limited to wrongful death without bond, with the understanding that bond will be revisited if the representative later receives estate property. Wrongful death recoveries are handled by the personal representative but are not estate assets; they are distributed as the wrongful death statute directs, and the clerk can require a separate accounting.

Key Requirements

• Sole-purpose appointment: The letters are limited to pursuing (and, if applicable, settling) the wrongful death claim.
• No estate property received yet: No bond is required until the personal representative will receive property into the decedent’s estate.
• Clerk’s safeguards: The clerk may note on the letters that they are wrongful-death-only and revisit bond before funds are received or distributed.
• Alternative waiver path: For general (non–wrongful death-only) administration, a resident administrator may proceed without bond if all adult heirs sign written waivers and the clerk agrees.
• If bond becomes required: The amount and form of bond follow the statute, and the clerk can increase or reduce bond as circumstances change.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-8-1 (Who must give bond; exceptions) – Allows no bond when appointed solely to bring a wrongful death action until estate property is received.
• North Carolina Gen. Stat. § 28A-18-2 (Wrongful death; damages; distribution) – Sets how wrongful death proceeds are paid and confirms they are not regular estate assets, with limited expense exceptions.
• North Carolina Gen. Stat. § 28A-8-2 (Bond; form and amount) – Provides the forms of security and how to calculate bond if required.
• North Carolina Gen. Stat. § 28A-8-3 (Modification of bond) – Authorizes the clerk to increase, reduce, or otherwise modify bond as needed.

Analysis

Apply the Rule to the Facts: Because your application is to pursue a wrongful death claim only, the wrongful-death exception applies: the clerk can issue letters limited to wrongful death without a bond now. Since you have not received any estate property, the trigger for a bond has not occurred. Heir waivers are optional only for certain resident administrators in general administration; they are not required to use the wrongful-death-only exception. If you later will receive funds or other estate property, the clerk may require a bond or other safeguards at that time.

Process & Timing

1. Who files: The proposed personal representative (often through counsel). Where: Clerk of Superior Court, Estates Division, in the North Carolina county of the decedent’s domicile. What: File AOC-E-202 (Application for Letters of Administration) or AOC-E-201 (if a will exists) and request letters expressly limited to wrongful death; include a brief note citing the wrongful-death-only exception. When: Before filing or continuing the civil wrongful death case.
2. The clerk reviews the application, confirms the limited purpose, and typically issues Letters of Administration with language limiting authority to wrongful death, with no bond at that time. Timing varies by county but can often be completed promptly once forms are in order.
3. Before any funds are received or disbursed, the clerk will reassess bond. If bond is required then, submit AOC-E-401 (Bond) and, if needed, AOC-E-433 (Application/Order for Modification of Bond). The clerk may also require a separate accounting of wrongful death proceeds.

Exceptions & Pitfalls

• Nonresident administrators: Heir waivers do not eliminate bond for nonresident administrators in general administration, but the wrongful-death-only exception still allows initial qualification without bond.
• Letters must be limited: If letters are not expressly limited to wrongful death, the clerk may require a bond as in a standard estate.
• Handling proceeds: Wrongful death proceeds are not regular estate assets and must not be commingled; the clerk can require a separate accounting and may condition receipt or distribution on safeguards, including bond.
• County practice varies: Some offices ask for heir waivers by default; clarify that you are proceeding under the wrongful-death-only exception and request limited letters.

Talk to a Probate Attorney

If you’re dealing with a wrongful death estate and the clerk is asking for a bond, our firm can help you request limited letters and navigate any bond requirements. 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.