Can I get paid back from a deceased neighbor’s estate for the care I provided when there was no will? – North Carolina

Short Answer

Yes, it may be possible to be paid from a deceased neighbor’s estate in North Carolina even when there was no will, but payment is not automatic. The usual path is to file a timely creditor claim with the estate and prove there was an agreement to pay (written, oral, or implied by the circumstances) or that payment is owed for the reasonable value of services. If the claim is late or the estate has higher-priority bills, the claim can be reduced or denied.

Understanding the Problem

Under North Carolina probate law, can a caregiver who provided help to a neighbor over several years be paid from the neighbor’s estate after death when there is no will (an intestate estate)? The decision point is whether the caregiving can be treated as a valid debt of the decedent that can be presented to the estate through the Clerk of Superior Court estate process. Timing matters because estates publish a notice to creditors and claims generally must be presented within the required window.

Apply the Law

In North Carolina, a person who is owed money by someone who has died is generally treated as a creditor. A caregiver seeking compensation typically must (1) present a claim to the estate in the proper way and on time, and (2) prove a legal basis for payment, such as an agreement to pay for caregiving services or a claim for the reasonable value of services where the circumstances show the services were not intended as a gift. The estate is administered under the supervision of the Clerk of Superior Court in the county with proper venue, and valid claims are paid in a statutory priority order before heirs receive distributions.

Key Requirements

Timely creditor claim: The claim must be presented within the estate’s creditor-claim period after the estate publishes its notice to creditors, or the claim can be barred or limited.
Proof the care was compensable: The claim should show an agreement to pay (written or oral) or facts supporting payment for the reasonable value of services (for example, the services went beyond casual neighbor help and were provided with an expectation of payment).
Payment depends on estate assets and priority: Even a valid claim may be paid only after higher-priority expenses (like administration costs) and may be reduced if the estate is insolvent or has many claims in the same class.

What the Statutes Say

N.C. Gen. Stat. § 29-13 (Intestate estates subject to costs and lawful claims) – confirms that when there is no will, estate property still passes subject to administration expenses and valid creditor claims.
N.C. Gen. Stat. Chapter 28A (Administration of Decedents’ Estates) – contains the rules for estate administration, creditor notice/claims, and paying claims in priority order (specific sections depend on the issue).

Analysis

Apply the Rule to the Facts: Here, the caregiving occurred over a multi-year period and the neighbor has died without a will. That fact pattern can support a creditor claim if the services were provided with an expectation of payment and the decedent accepted the benefit of those services under circumstances suggesting compensation was intended. The strength of the claim usually turns on proof (messages, notes, witnesses, calendars, mileage logs, or any pattern of partial payments) and on meeting the estate’s creditor-claim deadline.

Process & Timing

Who files: The caregiver (as a creditor/claimant). Where: With the personal representative (administrator) and through the estate file maintained by the Clerk of Superior Court in the county where the estate is opened. What: A written creditor claim describing the services, dates, amount requested, and the basis for payment (agreement or reasonable value). When: Within the creditor-claim period stated in the estate’s published notice to creditors (often a short window after first publication).
Estate response: The personal representative may allow the claim, negotiate it, or dispute it. If the claim is disputed, the matter can become a contested estate proceeding or civil dispute depending on how it is raised and handled in that county.
Payment (if allowed): If the claim is allowed and the estate has funds after higher-priority expenses, the personal representative pays the claim as part of administration before distributing remaining assets to heirs.

Exceptions & Pitfalls

No proof of an agreement or expectation of payment: If the evidence looks like friendly help with no expectation of compensation, the estate may argue the services were a gift and deny the claim.
Late filing: Even a strong claim can fail if it is not presented within the required creditor period after notice is published.
Priority and insolvency: Estates pay claims in a statutory order. If the estate has limited assets, general unsecured caregiving claims may be paid only in part or not at all after higher-priority items are paid.
Informal requests to family are not enough: Asking heirs to “do the right thing” is not the same as properly presenting a creditor claim through the estate process.

Conclusion

In North Carolina, a caregiver may be able to recover payment from a deceased neighbor’s intestate estate by treating the unpaid caregiving as a creditor claim and proving a compensable basis (an agreement to pay or the reasonable value of services under the circumstances). The key threshold issue is proof that the care was not intended as a free favor, and the key timing issue is the creditor-claim deadline tied to the estate’s published notice. The next step is to present a written claim to the personal representative through the Clerk of Superior Court estate file before the claim period expires.

Talk to a Probate Attorney

If you’re dealing with a situation where caregiving was provided and payment may need to come from an estate with no will, our firm has experienced attorneys who can help explain the claim process, the proof that matters, and the deadlines that can cut off recovery. 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.