Can the estate pursue or collect a claim my parent filed before passing, and how do I get updates if my sibling won’t share information? – North Carolina

Short Answer

In North Carolina, many claims a person filed before death can be continued and collected by the estate through the court-appointed personal representative (executor or administrator), as long as the claim is the type that “survives” death and deadlines are met. If a sibling is serving as personal representative and will not share information, updates often can be obtained through the estate file at the Clerk of Superior Court, and the clerk can require the personal representative to file required inventories and accountings.

Understanding the Problem

In North Carolina probate, the key question is: can a personal representative keep pursuing or collecting a claim that a parent started before death, and what happens when a sibling who is handling the estate will not provide updates? This issue usually comes up when a lawsuit, insurance claim, contract dispute, or other demand was already pending, and family members want to know whether the estate can step in and what information the personal representative must provide.

Apply the Law

Under North Carolina law, if a cause of action survives the person’s death, the estate’s personal representative generally has authority to continue it or start it on the estate’s behalf. The personal representative also has ongoing duties in administering the estate, including gathering assets, paying valid debts, keeping records, and reporting to the Clerk of Superior Court through required filings. When a personal representative does not provide information, the probate file and required accountings are often the most direct way to get reliable updates.

Key Requirements

A claim that survives death: The underlying claim must be one that the law allows to continue after the person dies (many financial and property-related claims do; some personal claims do not).
A qualified personal representative: The estate typically acts through the court-appointed personal representative (executor under a will or administrator in an intestate estate), not through individual family members.
Deadlines and proper procedure: The estate must meet any applicable limitation periods and follow the correct process to substitute the estate into a pending case or to pursue collection through administration.

What the Statutes Say

N.C. Gen. Stat. § 1-22 (Actions by or against a personal representative when a cause of action survives) – Allows a personal representative to commence certain surviving actions after death and includes timing rules that can extend filing in some situations.
N.C. Gen. Stat. § 1-24 (Time excluded during controversy over probate/letters) – Excludes certain time periods from limitation calculations during disputes over probate or appointment of a personal representative in some situations.

Analysis

Apply the Rule to the Facts: Here, a parent filed a claim before passing, and a sibling is not sharing updates. If the claim is the type that survives death, the estate’s personal representative can usually step into the parent’s place to keep pursuing it and, if money is recovered, treat it as an estate asset to be handled through the probate process. If the sibling is the personal representative, the most dependable updates typically come from the court file and the required inventory/accountings rather than informal family communications.

Process & Timing

Who files: The personal representative (executor/administrator) usually takes action to continue the claim. Where: The pending lawsuit stays in the court where it was filed; estate administration filings go through the Clerk of Superior Court (Estates) in the county where the estate is opened. What: Common steps include substituting the estate/personal representative into the pending case and documenting any recovery as an estate receipt in the estate account. When: Timing depends on the type of claim and its deadline; when a person dies before a limitation period expires and the claim survives, North Carolina law can allow a limited extension in some cases.
Get reliable updates: If a sibling will not share information, the estate file with the Clerk of Superior Court typically shows key filings (qualification, inventory, annual account, and final account). Those filings often reveal whether a claim is listed as an asset, whether money has been received, and what has been paid out.
Escalate if required filings are missing: If required inventories or accountings are not being filed, an interested person can ask the clerk to require compliance. If the clerk finds ongoing noncompliance, the clerk has tools to enforce reporting duties and protect the estate.

Exceptions & Pitfalls

Not every claim survives: Some claims are personal in nature and may not continue after death, while many financial/property claims do. The label on the claim (for example, “injury” versus “contract”) is not always enough; the underlying legal theory matters.
Only the personal representative controls the estate’s claim: Even if multiple heirs exist, individual heirs usually cannot take over a parent’s pending claim in their own names simply because they are family.
Informal updates can be incomplete: A sibling may share selective information. Court filings and estate accountings are often the best way to confirm what has happened, what has been collected, and whether funds were handled through the estate.

Conclusion

In North Carolina, an estate can often pursue or collect a claim a parent filed before death, but the claim must be one that survives and it must be handled by the court-appointed personal representative within the applicable deadlines. When a sibling will not share updates, the most reliable next step is to obtain the estate’s filings from the Clerk of Superior Court and, if required reports are missing, ask the clerk to order the personal representative to file the inventory and accountings promptly.

Talk to a Probate Attorney

If a parent had a pending claim and a sibling handling the estate will not provide updates, our firm has experienced attorneys who can help explain what the estate can pursue, what filings should exist, and what options may be available through the Clerk of Superior Court. 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.