Short Answer

In North Carolina, debts in the deceased person’s name are generally paid from the estate, not by the surviving spouse. A surviving spouse may be personally liable only if they co-signed or guaranteed the debt, if the debt is secured by property the spouse keeps (like a mortgage), or for certain necessary expenses such as medical bills under the “doctrine of necessaries.” A home owned jointly with rights of survivorship usually passes to the survivor and is not used to pay the decedent’s unsecured debts.

Understanding the Problem

You’re asking whether, under North Carolina probate law, a surviving spouse can be made to pay credit card and medical bills that were only in the deceased spouse’s name. Here, one key fact is that the family home was jointly titled with rights of survivorship, so it passed directly to the surviving spouse at death. The goal is to clarify when, if ever, the surviving spouse is personally on the hook for those debts.

Apply the Law

North Carolina’s baseline rule is that the decedent’s estate pays the decedent’s debts. The surviving spouse does not assume personal liability for debts solely in the decedent’s name unless a specific exception applies. Key exceptions include: the spouse signed for the debt; the debt is secured by collateral the spouse keeps; or the claim is for necessary expenses such as last-illness medical care. Property held as tenants by the entirety or with rights of survivorship is generally not part of the probate estate and typically is not reached by the decedent’s unsecured creditors. The main forum for administration is the Clerk of Superior Court in the county of domicile, and creditor claim deadlines run from the published notice to creditors.

Key Requirements

• Estate pays first: Debts of the person who died are paid from estate assets according to statutory priority; the spouse isn’t automatically liable.
• Co-signed/joint debts: A spouse who co-signed, guaranteed, or is a joint account holder remains liable on that account.
• Medical “necessaries”: Providers may pursue a spouse for necessary expenses (often last-illness medical bills), subject to defenses and reasonableness.
• Secured obligations: Liens (like mortgages or car loans) follow the property; to keep it, payments must continue.
• Survivorship property: Entireties/survivorship real estate passes outside probate and is typically not available to satisfy the decedent’s unsecured creditors.
• Summary administration caution: If used, the surviving spouse may assume liability up to the value received; regular administration with creditor notice avoids that assumption.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – Personal representative must publish notice and notify known creditors.
• North Carolina Gen. Stat. § 28A-19-3 (Limitations on presentation of claims) – Sets the bar date; late claims are generally forever barred.
• North Carolina Gen. Stat. § 28A-15-1 (Assets available for payment of claims) – Identifies estate assets available to pay debts and the PR’s selection duties.
• North Carolina Gen. Stat. § 28A-28-6 (Summary administration; spouse’s liability) – If summary administration is used, the spouse assumes liability up to the value received.

Analysis

Apply the Rule to the Facts: Credit card balances in the decedent’s sole name are typically paid by the estate, not the surviving spouse, unless the spouse co-signed. Medical bills can be different: under North Carolina’s necessaries doctrine, providers may seek payment from the spouse for reasonable last-illness care. The jointly titled home with rights of survivorship passed outside probate to the surviving spouse and is generally not used to pay unsecured estate creditors. If one sibling renounces, the other may serve as administrator to publish creditor notice and handle claims.

Process & Timing

1. Who files: An eligible heir (e.g., your sibling who will serve). Where: Clerk of Superior Court in the North Carolina county where the decedent lived. What: Application for Letters of Administration (AOC-E-202). If another sibling has priority, they can file a written renunciation with the Clerk. When: As soon as practical after death to begin administration.
2. Notice to creditors: After letters are issued, publish a notice once a week for four successive weeks in a local legal newspaper and mail or deliver notice to known or reasonably ascertainable creditors. File the Affidavit of Notice to Creditors (AOC-E-307) with the 90-day inventory. Creditors must present claims by the published deadline (at least three months after first publication) or within 90 days of personal notice, whichever is later.
3. Claims and assets: Review claims, pay valid ones by statutory priority, and distribute any remaining estate assets. If estate real property must be sold to create funds to pay claims, petition the Clerk for an order to sell; if leasing estate real property is needed, seek authority to lease. Survivorship real estate belongs to the surviving spouse and is outside the estate.

Exceptions & Pitfalls

• Medical “necessaries” exposure: Last-illness bills may be pursued against the spouse; evaluate defenses and reasonableness before paying.
• Avoid unintended liability: Using summary administration can make the spouse liable up to the value received; consider regular administration with creditor notice instead.
• Priority mistakes: Do not pay lower-priority claims before higher-priority ones; follow the statutory order.
• Survivorship vs. estate property: Don’t treat survivorship real estate as a probate asset; the PR cannot sell or rent it.
• Real property authority: Do not sell or lease estate real property without a court order when required; county procedures vary.
• Notice errors: Failing to mail known creditors can extend the time for claims; keep proof of publication and mailings.

Talk to a Probate Attorney

If you’re dealing with questions about a surviving spouse’s responsibility for a deceased spouse’s debts, 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.