Short Answer

In North Carolina, if you are a named beneficiary on a life insurance policy, you generally do not need the executor’s approval or a court order to claim your share; you file directly with the insurer. You may need the executor’s involvement only if the policy is payable to the estate or if the estate seeks tax apportionment. If you want to assign your interest or disclaim it, follow the insurer’s assignment rules or North Carolina’s disclaimer procedures, which have strict timing and filing requirements.

Understanding the Problem

You’re in North Carolina. You want to know whether you can claim or assign your life insurance share without the executor or a court. The key decision: can you proceed directly with the insurance company, or do you first need the executor or Clerk of Superior Court involved? One salient fact: probate is open and your sister is the executor, but the insurer sent you a form listing you and your brother as beneficiaries even though you have not seen the full policy.

Apply the Law

Under North Carolina law, life insurance proceeds payable to a named beneficiary are typically non-probate assets paid directly by the insurer. The executor handles the estate, but usually does not control a beneficiary’s separate claim unless the policy is payable to the estate or the will gives the executor a specific role. Insurers set the claim requirements (typically a claim form and certified death certificate; if the estate is the beneficiary, they also require the executor’s Letters Testamentary). Beneficiaries may still owe a share of estate tax attributable to insurance proceeds under North Carolina’s tax-apportionment rules, which the executor can collect. Disclaimers (renunciations) must be in writing, filed with the Clerk of Superior Court, and completed before accepting benefits; assignments must follow the policy’s terms and insurer procedures.

Key Requirements

• Direct claim to insurer: If you are a named beneficiary, file the insurer’s claim form with a certified death certificate; no executor approval needed.
• Estate named as beneficiary: If the policy pays to the estate (or a beneficiary predeceased with no contingent), the executor files the claim using Letters Testamentary.
• Access to policy information: You or the executor can request the policy and beneficiary designations from the insurer before signing any documents.
• Tax apportionment: Even with a direct payout, you may owe a proportionate share of estate tax; the executor can seek payment.
• Changing your share: To transfer your interest, use the insurer’s assignment process; to decline it, file a written disclaimer with the Clerk before accepting benefits and within the statutory time.

What the Statutes Say

• N.C. Gen. Stat. § 28A-27-1 (Estate tax apportionment) – Sets the rule for splitting estate taxes among those who receive property, including insurance.
• N.C. Gen. Stat. § 28A-27-7 (Personal representative’s recovery) – Allows the executor to collect apportioned taxes from beneficiaries or from other estate distributions.
• N.C. Gen. Stat. ch. 31B (Disclaimers/Renunciation) – Provides procedures and timing to disclaim an interest; specific section citations depend on the sub-issue.

Analysis

Apply the Rule to the Facts: Because the insurer’s form lists you and your brother as beneficiaries, you can normally submit a claim directly to the insurer without your sister’s approval as executor. If the policy actually names the estate as beneficiary or the listed beneficiary predeceased without a contingent, then your sister, as executor, would file the claim. Regardless of who files, you may owe a share of any estate tax attributable to the policy, which the executor can collect. If you want to assign your share or disclaim it, do not sign anything until you obtain and review the policy and follow the correct assignment or disclaimer procedures.

Process & Timing

1. Who files: Named beneficiary. Where: Directly with the insurance company. What: Insurer’s claim form, certified death certificate, and the original policy or a lost-policy affidavit; When: As soon as practicable—insurers process faster when the packet is complete. If the estate is the beneficiary, the executor also provides Letters Testamentary.
2. Request the full policy and beneficiary designation from the insurer before signing assignments or releases; allow a few weeks for the insurer to verify and respond.
3. For an assignment, use the insurer’s required assignment form or written assignment that meets the policy’s terms. For a disclaimer, file a written renunciation with the Clerk of Superior Court in the county where the estate is open and deliver notice to the executor before accepting any benefits.

Exceptions & Pitfalls

• If the estate is the beneficiary—or a named beneficiary died with no contingent—the executor, not individual heirs, files the claim.
• Signing any check, release, or assignment can count as accepting benefits and may block a disclaimer; get the policy first.
• Insurers require specific documents; missing a certified death certificate, Letters (when the estate is beneficiary), or the original policy/lost-policy affidavit can delay payment.
• Tax apportionment may apply; even with a direct payout, the executor can seek your share of estate tax attributable to the insurance.
• If there is a dispute over the beneficiary designation, a minor beneficiary, or competing claims, a court order (often via interpleader) may be required.

Talk to a Probate Attorney

If you’re dealing with whether you can claim or assign a life insurance share during an open estate, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.