Jan302026
Probate Q&A Series

Can an adult child bring a claim against a deceased person’s partner’s estate, and what would they need to prove? – North Carolina

Short Answer

In North Carolina, an adult child usually cannot sue in their own name for a death-related claim. In most situations, the claim must be brought by the personal representative of the person who died (the estate’s executor/administrator), and the claim is then handled and distributed under North Carolina’s wrongful death and estate-claims rules. If the alleged wrongdoer (the partner) is also deceased, the claim is typically asserted against that partner’s estate through the partner’s personal representative, and strict claim-presentation deadlines can apply.

Understanding the Problem

Under North Carolina probate law, the key question is whether an adult child can personally bring a claim when a relative is killed and the potential defendant is the deceased person’s partner who has also died. The decision point is who has legal standing to assert the claim and, if the partner is deceased, whether the claim must be presented to and pursued against the partner’s estate through the partner’s personal representative within required time limits.

Apply the Law

North Carolina generally routes death-related civil claims through a personal representative. That personal representative may need to (1) open an estate for the person who died to obtain authority to act, and (2) assert the claim against the partner’s estate by presenting it to the partner’s personal representative and, if needed, filing suit in the proper court. Even when the ultimate beneficiaries may include adult children, the lawsuit itself is usually not filed in the adult child’s individual name.

Key Requirements

  • Proper claimant (standing): The claim is typically brought by the personal representative (executor/administrator) of the person who died, not by an adult child individually.
  • Proper defendant when the alleged wrongdoer is deceased: The claim is generally asserted against the alleged wrongdoer’s estate through that estate’s personal representative (not directly against family members).
  • Timely presentment and filing: When a claim is pursued against a deceased person’s estate, North Carolina law can require timely notice/presentment of the claim to the estate and compliance with the applicable statute of limitations.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The reported facts indicate a relative was killed recently, which raises the possibility of a death-related civil claim. If the potential defendant is the deceased person’s partner and that partner is also deceased, the claim generally must be directed to the partner’s estate (through the partner’s personal representative) rather than filed as a direct claim against an individual. Even if an adult child may ultimately receive part of any recovery under North Carolina’s distribution rules, the adult child typically needs the proper personal representative to bring and manage the claim.

Process & Timing

  1. Who files: Usually the personal representative of the person who died (executor named in a will, or an administrator appointed if there is no will). Where: The Clerk of Superior Court (Estates Division) in the county where the estate is opened for appointment/letters; civil litigation is filed in the appropriate North Carolina trial court depending on the claim. What: Open the estate to obtain letters (letters testamentary/letters of administration) and then present the claim to the partner’s personal representative if the partner is deceased. When: Act quickly; claims against an estate can be barred if not presented within the estate-claims window referenced by statute.
  2. Present the claim to the partner’s estate: If the partner’s estate is open, the claim is typically presented to the partner’s personal representative; if a lawsuit is needed, the partner’s personal representative is the party to be named. If the partner’s estate is not open, it may be necessary to have an estate opened so there is a personal representative to receive and respond to the claim.
  3. Litigate or resolve and distribute: If the claim is a wrongful-death-type recovery, North Carolina practice treats those proceeds differently than ordinary estate assets, and the personal representative must handle distribution under the statutory scheme rather than mixing the funds into the general estate.

Exceptions & Pitfalls

  • Wrong person brings the case: A common problem is filing in an adult child’s name when North Carolina requires the personal representative to bring the claim.
  • No estate opened (no authority): Without letters appointing a personal representative, there may be no one with legal authority to pursue the claim or sign releases and settlement documents.
  • Missing estate-claim deadlines: Claims against a deceased person’s estate can be lost if not properly presented and pursued on time.
  • Inheritance disqualification issues: If facts suggest the partner caused the death, North Carolina’s slayer rules may affect inheritance rights, but that is separate from proving civil liability and still requires the correct procedure and parties.

Conclusion

In North Carolina, an adult child usually cannot personally bring a death-related claim against a deceased partner’s estate. The claim is typically brought by the personal representative of the person who died and asserted against the partner’s estate through the partner’s personal representative, with strict presentment and filing requirements that can bar late claims. The next step is to have the correct personal representative appointed by the Clerk of Superior Court and promptly present the claim to the partner’s personal representative within the timeframe referenced in N.C. Gen. Stat. § 1-22.

Talk to a Probate Attorney

If a family is dealing with a recent killing and questions about whether a claim can be made against a partner’s estate, our firm has experienced attorneys who can help explain the proper parties, probate steps, 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.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.