Probate Q&A Series

How North Carolina Heirs Can Retrieve a Decedent’s Insurance Claim Records

Detailed Answer

Insurance claim files confirm when a claim was opened, the amount paid, and to whom the funds went. In North Carolina, an heir cannot simply call the insurance company and demand those papers. Instead, state probate rules give the personal representative (executor or administrator) the legal key to unlock the file. Below is the step-by-step path that works in most estates.

1. Make Sure Someone Has Authority to Act

Open an Estate or Small Estate. If no one has opened probate, an heir may petition the clerk of superior court in the county where the decedent lived for either:

  • Formal probate  – request Letters Testamentary or Letters of Administration; or
  • Collection by Affidavit under N.C. Gen. Stat. § 28A-25-1 when the personal property is worth ≤ $20,000 (or $30,000 if the surviving spouse is the sole heir).

The clerk issues certified documents that prove authority. Insurers typically will not release claim files without these papers plus a death certificate.

2. Use the Personal Representative’s Statutory Power

N.C. Gen. Stat. § 28A-13-3(a)(8) lets a personal representative “collect and receive” any debts or property owed to the estate. Insurance claim records fall within that language. The representative should:

  1. Write a letter on estate letterhead requesting “a full claims history for policy #________ in the name of ________, date of death ____.”
  2. Enclose certified Letters, a certified death certificate, and a photo ID.
  3. Send the packet by certified mail, return receipt requested, or the insurer’s secure online portal.

If the carrier balks, quote § 28A-13-3 and ask to speak with its legal department. Most companies comply once they see the statutory citation.

3. How an Heir Gains Access When Not the Personal Representative

You still have options if another family member controls the estate documents:

  • Informal request. Ask the representative in writing for copies of insurance records. Keep a copy for your files.
  • Formal demand for accounting. After 90 days from appointment, you may file a motion with the clerk under N.C. Gen. Stat. § 28A-21-2 to compel an inventory or accounting, which must include insurance proceeds.
  • Subpoena. If probate litigation starts, North Carolina Rule 45 allows subpoenas to the insurer for the claim file.

4. Special Notes for Different Types of Insurance

Life Insurance: The insurer normally releases payout details only to the named beneficiaries or the estate. If the estate was the beneficiary, the personal representative controls the records.

Health Insurance: HIPAA protects medical information, but billing records are usually available to the estate upon submission of Letters and an authorization form.

Auto / Homeowners Insurance: Property-and-casualty claim files are not protected by HIPAA. The company will still insist on proof of authority before releasing documents.

5. What to Do if the Insurer Refuses

  1. Send a second request citing §§ 28A-13-3 and 28A-25-1.
  2. Complain to the North Carolina Department of Insurance (Consumer Services Division). Attach copies of your Letters and correspondence.
  3. File a motion in the estate for an order compelling release. The clerk can issue an order the insurer must obey.

Helpful Hints

  • Order at least five certified copies of your Letters; insurers almost always keep one.
  • Keep communication in writing to create a paper trail.
  • If time is short, fax or upload documents and then mail originals.
  • North Carolina law allows reimbursement of postage and copy fees to the personal representative when proper vouchers are filed.
  • Never sign a broad release without reviewing it—some carriers try to settle unknown claims.

Take the Next Step

Accessing a decedent’s insurance records can unlock money owed to the estate and confirm that no funds leaked out. North Carolina probate rules give heirs solid tools, but using them correctly often requires legal guidance. Our firm has seasoned probate attorneys who will open the estate, demand insurer compliance, and safeguard your inheritance. Call us today at (919) 341-7055 to schedule a consultation and move your case forward.