Do both co-administrators have to sign the notice-to-creditors form, and does it need to be notarized? – North Carolina

Short Answer

In most North Carolina estates, the notice to creditors is signed by the personal representative(s) who are giving the notice. When there are co-administrators (co-personal representatives), the safest practice is for both to sign the notice that will be published and filed. The notice-to-creditors itself typically does not need to be notarized, but the estate will usually need a separate affidavit of publication (and sometimes an affidavit of notice) that is signed under oath and may require notarization depending on the form and the clerk’s local practice.

Understanding the Problem

In a North Carolina probate estate, co-administrators (also called co-personal representatives) must give a formal notice to creditors after qualification. The practical question is whether one co-administrator can sign the notice-to-creditors paperwork alone, and whether the notice-to-creditors form must be notarized before it is filed with the Clerk of Superior Court (Estates). The answer usually turns on how the notice is being issued (standard estate administration versus a limited appointment just to give notice) and what the clerk requires to prove the notice was properly published.

Apply the Law

North Carolina requires a personal representative to publish notice to creditors in the manner and for the time required by statute, and the notice sets a deadline for creditors to present claims. In a co-administrator situation, both fiduciaries are responsible for the administration, so signing and filing the notice in both names helps avoid later disputes about whether the notice was properly authorized. Separately, while the published notice itself is generally not an “oath” document, the clerk commonly requires proof that publication occurred (and sometimes proof of mailing/other notice steps), which is typically done through affidavits.

Key Requirements

Proper notice content: The notice must identify the estate and personal representative and tell creditors where to present claims and by what deadline.
Proper publication: The notice must be published as required by North Carolina law, and the estate should keep proof of the publication.
Proof filed with the clerk: The estate generally must file documentation showing the notice ran as required (often an affidavit of publication from the newspaper and/or an affidavit of notice).

What the Statutes Say

N.C. Gen. Stat. Chapter 28A (Decedents’ Estates) – Contains North Carolina’s estate administration rules, including creditor notice procedures and related deadlines.

Analysis

Apply the Rule to the Facts: Here, two people are serving together as co-administrators/personal representatives and are preparing a notice-to-creditors form for filing. Because both fiduciaries are acting for the estate, having both co-administrators sign the notice (and ensuring the published notice lists both names) reduces the risk that a creditor later argues the notice was defective or misleading. Notarization usually becomes an issue not for the notice text that gets published, but for the follow-up proof documents (for example, an affidavit confirming publication) that the Clerk of Superior Court (Estates) may require for the file.

Process & Timing

Who files: The personal representative(s) (co-administrators). Where: The Clerk of Superior Court (Estates) in the county where the estate is administered in North Carolina. What: A notice to creditors for publication, plus proof documents after publication (commonly an affidavit of publication from the newspaper; some clerks also want an affidavit of notice). When: After qualification, publish promptly; the creditor claim deadline is typically measured from the date of first publication.
Publication and proof: Arrange publication with a newspaper that runs legal notices. After the notice runs, obtain the newspaper’s affidavit of publication (this is often notarized by the newspaper) and file it with the clerk if required.
Keep the estate moving: Continue working on the inventory and other required filings while the creditor period runs, and keep copies of the exact notice that was published and the publication dates.

Exceptions & Pitfalls

Local clerk requirements: Some counties have strong preferences about whether both co-administrators must sign the notice form that is filed and whether the clerk wants original signatures. When in doubt, both signatures are the safer approach.
Notary confusion: The published notice itself usually is not a sworn statement, but the proof documents (affidavits) often are. Mixing up “notice” versus “affidavit of publication/notice” is a common reason filings get rejected.
Different procedure, different paperwork: If the estate is using a limited procedure to give notice to creditors without full administration, the petition/filing is typically done by affidavit and must be sworn before an officer authorized to administer oaths, which changes the notarization analysis.

Conclusion

In North Carolina, the notice to creditors should be issued in the name of the personal representative, and when there are co-administrators, the safest practice is for both to sign and be listed on the notice. The notice itself typically does not need notarization, but the clerk often requires sworn proof that publication occurred (and sometimes other sworn proof), which may need notarization. The next step is to file the signed notice-to-creditors paperwork with the Clerk of Superior Court (Estates) and promptly arrange publication so the creditor deadline can be calculated from the first publication date.

Talk to a Probate Attorney

If co-administrators are trying to file the notice to creditors and keep the estate inventory and deadlines on track, our firm has experienced attorneys who can help explain what the clerk will expect and how to avoid delays. 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.