Can I continue my father’s pending Camp Lejeune water contamination claim as administrator? – North Carolina

Short Answer

Yes—under North Carolina law, only a court‑appointed personal representative (an administrator for an intestate estate) has authority to continue, settle, and distribute a deceased person’s claim, including a Camp Lejeune water contamination claim. If your father died without a will and you and a sibling are equal‑priority heirs, you can apply to be administrator. If your sibling will not renounce, the clerk may appoint one of you—or both as co‑administrators.

Understanding the Problem

In North Carolina, can a child be appointed administrator to keep a deceased father’s pending Camp Lejeune claim moving? Your father died without a will, and you want to open probate so you can take over the claim. The key decision is whether you can qualify as administrator in the Clerk of Superior Court and then act for the estate to prosecute or settle the pending claim.

Apply the Law

In North Carolina, a decedent’s personal injury claims generally “survive” and must be prosecuted by the estate’s personal representative. If the death was caused by the exposure, a wrongful death claim is also brought by the personal representative, and any settlement of that claim typically requires court approval. The Clerk of Superior Court (Estates Division) appoints the administrator in an intestate estate. Equal‑priority heirs (like two adult children) may renounce, consent to one applicant, or the clerk may appoint one or both. An administrator usually must post bond unless a statutory exception applies. If a claim yields both “survival” and “wrongful death” damages, the proceeds are treated differently for distribution and creditor claims.

Key Requirements

• Personal representative required: Only a court‑appointed administrator can continue, settle, and distribute a decedent’s claim.
• Priority and notice: Adult children are equal‑priority applicants; if one won’t renounce, the clerk gives others 15 days’ written notice or may appoint co‑administrators.
• Bond rules: Administrators generally post bond; bond can be waived by all adult heirs if the administrator is a North Carolina resident, and no bond is required solely to bring a wrongful death claim until property is received.
• Survival vs. wrongful death: Survival damages become estate assets (subject to debts); wrongful death proceeds are not estate assets and pass to heirs under intestacy, with limited payment of specified expenses as the statute allows.
• Settlement approval and accounting: Wrongful death settlements typically need judge approval and should be accounted for separately from estate assets; do not commingle funds.
• Notice to creditors: Required if the estate has assets beyond a wrongful death claim; not required if the only asset is a wrongful death claim.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-18-1 (Survival of actions) – Most personal injury claims survive and are prosecuted by the personal representative.
• North Carolina Gen. Stat. § 28A-18-2 (Wrongful death) – Only the personal representative may bring or settle; proceeds pass to heirs, with limited expense payments and court approval requirements.
• North Carolina Gen. Stat. § 28A-4-1 (Priority of appointment) – Sets the order of who may serve and allows the clerk to choose among equal applicants or appoint co‑administrators.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – Requires publication and mailing of notice unless the estate’s only asset is a wrongful death claim.

Analysis

Apply the Rule to the Facts: Because your father died without a will in North Carolina and had a pending Camp Lejeune claim, you must first qualify as administrator to continue it. You and your sibling are equal‑priority heirs; if your sibling won’t renounce, the clerk can appoint one of you or both as co‑administrators. Once appointed, you (as administrator) have authority to retain counsel, prosecute survival damages for the estate, and pursue any wrongful death damages for the heirs, with court approval as required.

Process & Timing

1. Who files: An eligible heir (you). Where: Clerk of Superior Court, Estates Division, in the North Carolina county where your father was domiciled. What: File AOC‑E‑202 (Application for Letters of Administration), AOC‑E‑400 (Oath), and obtain AOC‑E‑403 (Letters). If your sibling will not serve, obtain AOC‑E‑200 (Renunciation) and, if all adult heirs agree, AOC‑E‑404 (Bond Waiver). If you live out of state, file AOC‑E‑500 (Appointment of Resident Process Agent). When: If your sibling will not renounce, provide the required 15‑day written notice before letters issue.
2. After appointment, retain or coordinate with counsel to substitute you as personal representative in the pending Camp Lejeune matter. For wrongful death components, seek required judge approval of any settlement and allocate between survival and wrongful death damages.
3. Distribute proceeds correctly: wrongful death proceeds to heirs (not estate assets), and survival proceeds through the estate (subject to debts). File separate accountings as directed by the clerk.

Exceptions & Pitfalls

• Your sibling’s private attorney cannot prosecute the claims without a duly appointed personal representative; the PR must retain or authorize counsel.
• If your sibling will not renounce, be prepared for co‑administration or a clerk’s discretionary choice of administrator.
• Bond may be required if you are a nonresident or if survival proceeds or other estate assets will be received; wrongful death‑only appointments delay bond until funds are received.
• Small‑estate affidavits are not appropriate when litigation is pending or when potential proceeds exceed the statutory thresholds; pursue full administration.
• Do not commingle wrongful death proceeds with estate assets; keep separate accounting and seek court approval where required.
• If there are estate assets or survival proceeds, publish and mail notice to creditors; skipping notice can jeopardize administration and distributions.

Talk to a Probate Attorney

If you’re dealing with a pending Camp Lejeune claim after a loved one’s death and need to be appointed administrator, 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.