How can I confirm who at an employer is authorized to handle estate-related requests for payroll or benefits? – North Carolina

Short Answer

In North Carolina, the most reliable way to confirm the correct employer contact is to request the employer’s designated HR/benefits or plan administrator contact in writing and provide proof of authority for the estate (typically certified Letters Testamentary or Letters of Administration). Employers often will not release payroll or benefit details until they can verify the requester’s legal authority and route the request to the right internal department or third-party administrator. A short, targeted written request that asks the employer to identify the authorized contact and list the missing items usually moves the process forward.

Understanding the Problem

In North Carolina probate administration, a personal representative (or the law firm acting for the personal representative) often needs an employer to confirm final pay, accrued leave, and benefit information after an employee’s death. The practical issue is: can the employer confirm which person or department is authorized to receive estate paperwork and respond to estate-related payroll or benefits requests, so the estate can provide the missing information and keep administration moving. The key trigger is the employer’s need to verify authority and route the request to the correct internal decision-maker or outside plan administrator.

Apply the Law

North Carolina law gives a court-appointed personal representative authority to act for the estate, but employers and benefit providers still must protect private employment and benefits information. In practice, that means an employer will usually require (1) proof that a personal representative has been appointed and (2) clear identification of what is being requested (final wages, accrued leave, insurance, retirement, beneficiary-based benefits, or estate-payable benefits). Once authority is verified, the employer should be able to direct the request to the correct authorized contact, which is often the HR department, a benefits administrator, payroll, or a third-party plan administrator.

Key Requirements

Proof of estate authority: Provide certified Letters Testamentary or Letters of Administration (and, if requested, a death certificate) so the employer can confirm the request is coming from the court-appointed fiduciary.
Correct “owner” of the information: Identify whether the request is for payroll (final wages/W-2/accrued leave) or for benefits (life insurance, retirement, health coverage continuation, deferred compensation). Different people (or outside administrators) may control each category.
Clear scope and delivery instructions: State what documents or payments are requested and where the employer should send responses, including whether a check should be payable to the estate versus a named beneficiary.

What the Statutes Say

N.C. Gen. Stat. § 8-36 (Authenticated copy of record of administration) – Allows properly certified copies of letters/administration records to be used as evidence of authority, which is commonly what employers ask to see before responding.
N.C. Gen. Stat. § 115C-324 (Disposition of payment due school employees at death) – An example of a North Carolina statute that addresses how certain employers handle pay due at death when there is no estate administration, showing that employer payment rules can depend on the employer type and whether an estate is open.

Analysis

Apply the Rule to the Facts: Here, a law firm representative is trying to provide missing information to an employer contact so payroll/benefits paperwork can be completed. The most common reason an employer says information is “missing” is that the employer needs proof of authority (certified letters) and/or needs the request routed to the correct authorized person (payroll vs. benefits vs. a third-party plan administrator). A focused written request that (1) encloses certified letters, (2) asks the employer to identify the authorized contact for estate requests, and (3) asks for a checklist of what is missing usually resolves the “wrong contact” problem quickly.

Process & Timing

Who sends: The personal representative or the attorney for the personal representative. Where: To the employer’s HR department and payroll department (and, if known, the benefits/retirement plan administrator). What: A signed letter requesting the employer identify the authorized estate contact(s), plus certified Letters Testamentary/Letters of Administration and a copy of the death certificate if requested. When: As soon as the personal representative is appointed and the estate needs payroll/benefit information.
Employer routing step: The employer typically confirms the requester’s authority, then routes payroll items to payroll and benefit items to HR/benefits or an outside administrator. If the employer uses a third-party administrator, the employer should provide that administrator’s contact information and any required claim forms.
Completion step: Once the correct contact confirms what is missing (for example, certified letters, an estate tax ID number, a claim form, or beneficiary documentation), the estate supplies the missing items and the employer/administrator issues the requested information and any estate-payable funds.

Exceptions & Pitfalls

Payroll vs. benefits confusion: Final wages and accrued leave are usually handled by payroll, while life insurance, retirement, and health coverage are handled by HR/benefits or a third-party administrator. Sending everything to one person can stall the process.
Estate-payable vs. beneficiary-payable benefits: Some benefits pay directly to a named beneficiary and may not be payable to the estate. In those cases, the employer may only confirm plan contact information and claim procedures rather than release full details to the estate.
Insufficient proof of authority: Employers commonly require certified letters (not just a copy) and may require specific internal forms. If the employer says information is missing, requesting a written checklist of required items helps avoid repeated back-and-forth.

Conclusion

In North Carolina, confirming the authorized employer contact for estate-related payroll or benefits requests usually comes down to two items: proof of the estate’s authority and a clear, written request that separates payroll issues from benefits issues. A practical next step is to send a written request to HR and payroll enclosing certified Letters Testamentary or Letters of Administration and asking the employer to identify the authorized contact (or third-party administrator) and provide a checklist of the missing items needed to complete the request.

Talk to a Probate Attorney

If an employer is delaying payroll or benefits information after a death, a probate attorney can help present the right authority documents, target the correct department or plan administrator, and keep the estate administration on track. 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.