Jan172026
Probate Q&A Series

Do I need to open a probate estate just to pursue a Camp Lejeune lawsuit on behalf of someone who passed away? – North Carolina

Short Answer

Often, yes. When the person who was harmed has passed away, the claim is typically pursued in the name of a court-appointed personal representative (executor or administrator), and that appointment usually requires opening an estate (or a limited estate proceeding) with the Clerk of Superior Court in North Carolina.

Whether a full estate or a more limited probate filing is enough depends on what the lawsuit counsel needs (for example, “letters” showing authority), what assets exist, and whether a North Carolina probate filing is required for other reasons.

Understanding the Problem

Under North Carolina probate practice, the key question is whether someone must be appointed by the Clerk of Superior Court as the deceased person’s personal representative so that person can sign paperwork, make litigation decisions, and act in a representative capacity in connection with a Camp Lejeune case after the injured person has died. The issue is not whether the underlying lawsuit has merit; it is whether there is a legally recognized representative with authority to act for the deceased person’s interests and, if needed, receive and distribute any recovery through an estate process.

Apply the Law

In North Carolina, probate and estate administration matters are handled through the Clerk of Superior Court (the probate division of the Superior Court). When a claim “survives” a person’s death, North Carolina law generally expects the claim to be brought by (or against) the deceased person’s personal representative (or, in some situations, a collector). That is why lawsuit counsel commonly asks for “letters testamentary” (if there is a will) or “letters of administration” (if there is no will) before moving forward.

Key Requirements

  • Proper representative: A court-appointed personal representative (executor/administrator) is usually required to act for a deceased person’s legal rights and to sign litigation documents in that capacity.
  • Proper forum for appointment: The appointment is made through an estate proceeding before the Clerk of Superior Court in North Carolina (the probate court function).
  • Proof of authority: Lawsuit counsel and other institutions typically require certified “letters” from the Clerk showing the personal representative’s authority and current status.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the goal is to move a Camp Lejeune lawsuit forward for a deceased relative, and separate counsel is already handling the lawsuit itself. In that situation, the usual practical barrier is that the lawsuit counsel needs a legally recognized decision-maker for the deceased person’s claim, which is typically a personal representative appointed through a North Carolina probate filing. If no one has been appointed yet, opening an estate (or a limited probate proceeding, when available) is commonly the step that creates the authority needed to proceed.

Because the family member who needs to act lives outside North Carolina, the probate filing also needs to be structured so the Clerk can issue valid authority to a nonresident fiduciary and the case can move without avoidable delays.

Process & Timing

  1. Who files: The person seeking to serve as executor (if named in a will) or administrator (if there is no will). Where: The Clerk of Superior Court (Estates) in the proper North Carolina county. What: An application/petition to open the estate and be appointed, followed by issuance of letters (letters testamentary or letters of administration). When: As soon as lawsuit counsel indicates “letters” are required to file, substitute parties, sign authorizations, or negotiate in a representative capacity.
  2. Qualification steps: The Clerk typically requires core death and family information, and may require a bond depending on the situation. If the proposed personal representative lives outside North Carolina, the Clerk may require additional items (often including appointment of a North Carolina resident process agent) so the estate can be supervised and served with legal papers as needed.
  3. After appointment: Once letters issue, the personal representative can usually provide certified letters to lawsuit counsel as proof of authority and can take estate-related steps that may be needed to receive and later distribute any recovery through the estate process.

Exceptions & Pitfalls

  • “Do we need a full estate?” Sometimes a limited probate filing can accomplish a narrow goal (such as creating an authorized representative for a specific purpose), but whether that works depends on the facts and what the litigation requires. A quick review of the lawsuit counsel’s requirements usually answers this.
  • Nonresident personal representative issues: When the proposed personal representative lives out of state, extra procedural steps can apply (including service-of-process logistics). Planning for those requirements up front helps avoid delays in getting letters issued.
  • Mismatch between claim type and authority: Some claims are pursued for the estate, while others are pursued in a representative capacity for statutory beneficiaries. Lawsuit counsel often needs the correct type of appointment and the correct paperwork to match the claim being asserted.
  • Assuming “next of kin” can sign: A family relationship alone usually is not enough to sign releases, authorizations, or settlement documents on behalf of a deceased person’s claim without a court appointment.

For more background on the practical role of letters and authority once an estate is open, see what documents are used to prove an estate is open and someone has authority to act and how letters of administration are obtained.

Conclusion

In North Carolina, when a person has died and a legal claim needs to be pursued in that person’s name, the usual path is to have the Clerk of Superior Court appoint a personal representative and issue letters showing that authority. That is why opening an estate (or, in some situations, a limited probate proceeding) is often required before lawsuit counsel can move forward. The next step is to file the appointment paperwork with the Clerk of Superior Court promptly so letters can be issued before any litigation deadline.

Talk to a Probate Attorney

If a Camp Lejeune case cannot move forward because no one has legal authority to act for a deceased family member, our firm has experienced attorneys who can help identify the right North Carolina probate filing and get the required letters issued as efficiently as possible. 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.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.