Short Answer

Yes, if the decedent had an eligible claim, a North Carolina personal representative may pursue a class action recovery for the estate. The claim must meet the settlement’s proof requirements. If repair receipts are missing, the representative should make reasonable efforts to reconstruct proof (for example, dealer records or payment statements). Whether the administrator accepts alternative proof depends on the settlement terms, so results turn on the program’s documentation rules and deadlines.

Understanding the Problem

In North Carolina, can an executor pursue a class action payment for the estate when the decedent’s car is no longer owned and repair receipts are missing? The decision point is whether the personal representative may seek settlement funds for out-of-pocket repair costs without original records, and how to handle thinly documented reimbursement requests while administering the estate.

Apply the Law

North Carolina law authorizes a personal representative to collect estate assets, including settling or compromising claims that survive the decedent’s death. Consumer-related claims generally survive, so the estate can submit a class action claim if the decedent would have qualified. The representative must act prudently, document decisions, and follow any settlement program’s proof rules and filing deadlines. The forum for the class claim is the settlement administrator identified in the notice, not the Clerk of Superior Court.

Key Requirements

• Authority to pursue/settle claims: The personal representative may pursue, compromise, or settle claims for the estate and must act as a prudent fiduciary.
• Claims survive death: Contract and most consumer claims continue after death, allowing the estate to assert them.
• Proof of eligibility: The settlement’s documentation rules control; if receipts are missing, make reasonable efforts to obtain alternative records (e.g., dealer reprints, card statements).
• Deadlines and forum: File with the claims administrator by the deadline in the notice; keep confirmations for the estate accounting.
• Evaluate internal reimbursement claims: For claims against the estate (e.g., key fob or loans), require a written claim stating the amount and basis and, when appropriate, a supporting affidavit; reject unsupported claims in writing.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-13-3 (Powers of personal representative) – Broad authority to collect assets and compromise or settle claims.
• North Carolina Gen. Stat. § 28A-18-1 (Survival of actions) – Most contract and tort claims survive the decedent’s death.
• North Carolina Gen. Stat. § 28A-19-2 (Affidavit supporting claims) – PR may require an affidavit from a claimant against the estate.
• North Carolina Gen. Stat. § 28A-19-16 (Action on rejected claim) – If a claim is rejected, the claimant must sue within three months or be barred.

Analysis

Apply the Rule to the Facts: The executor may pursue the Volkswagen settlement if the decedent’s ownership/repair history qualifies. Because receipts are missing, the executor should request dealer service records, contact the settlement administrator about acceptable alternative proof, and gather payment card statements that show repair charges. For the relative’s key fob and “loan” claims, the executor should require a written claim with amount and basis and, if appropriate, an affidavit; if proof is not provided, issue a written rejection and calendar the three‑month litigation window.

Process & Timing

1. Who files: Personal representative. Where: Through the settlement administrator/claims portal named in the notice. What: Settlement claim form plus proof of eligibility (VIN, ownership dates, repair documentation or approved substitutes). When: File by the claims deadline stated in the notice; keep submission confirmations and any correspondence.
2. Reconstruct missing proof: Request dealer service reprints, pull manufacturer/service history tied to VIN, and obtain bank/credit card statements showing repair payments. Ask the administrator what substitutes they accept if receipts cannot be obtained.
3. Accounting: Deposit any proceeds into the estate account and report them on the next account filed with the Clerk of Superior Court. For the relative’s claims, require a written claim and, if needed, an affidavit; if disallowed, send a written rejection and calendar the three‑month deadline.

Exceptions & Pitfalls

• Settlement terms govern proof: Some programs accept alternative documents; others do not. Do not submit inaccurate affidavits.
• Prior releases/opt‑outs: If the decedent released claims or opted out, the estate may be ineligible.
• Thinly supported reimbursements: Paying undocumented “loan” or expense claims against the estate risks personal liability; require proper written claims and, when appropriate, affidavits before allowing payment.
• Notice and rejection: If you reject a claim against the estate, give written notice; if the claimant does not sue within three months, the claim is barred.

Talk to a Probate Attorney

If you’re dealing with a class action claim and missing repair receipts while also reviewing reimbursement requests, 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.