How can I file a caregiver compensation claim in probate without a written agreement if I provided years of care, transportation, and household support? – North Carolina

Short Answer

In North Carolina, a caregiver can sometimes seek payment from a deceased person’s estate even without a written contract, but it usually requires a properly documented creditor’s claim and strong proof that the services were provided with an expectation of payment (not as a free family favor). The claim is typically handled through the estate administration before the Clerk of Superior Court, and it may become a contested estate proceeding if the personal representative or heirs object. Timing matters, so the claim should be raised promptly after the estate opens and the creditor notice runs.

Understanding the Problem

In North Carolina probate, the question is how a person who provided long-term caregiving services—such as daily support, transportation, and household help—can ask to be paid from a decedent’s estate when there is no written agreement. The decision point is whether the caregiver’s work can be treated as a valid estate debt that the personal representative should pay, or whether the estate can treat the work as unpaid help that does not create an enforceable claim. The issue often turns on what was provided, why it was provided, and what proof exists that compensation was expected.

Apply the Law

North Carolina estates are administered under the supervision of the Clerk of Superior Court in the county where the estate is opened. A caregiver seeking compensation generally proceeds as a creditor of the estate: the caregiver presents a claim for the value of services and expenses, and the personal representative decides whether to allow or deny it. If denied, the dispute can move into a contested estate proceeding or civil litigation depending on the posture of the case and the relief requested. Even without a written contract, a claim may be based on an implied agreement or on a fairness theory that the estate should not keep the benefit of services without paying for them, but the caregiver must still prove the key requirements and comply with probate timing and notice rules.

Key Requirements

Proof of compensable services (not just kindness): The claim should identify specific services provided (care tasks, transportation, household management) and the time period, frequency, and scope.
Expectation of payment: The evidence should show the services were provided with an understanding that payment would be made, rather than as a free family or friendship arrangement.
Reasonable value and documentation: The claim should state a reasonable value for the services and list out-of-pocket expenses, supported by logs, calendars, receipts, messages, or witnesses.

What the Statutes Say

N.C. Gen. Stat. § 8-43 (Book accounts proved by personal representative) – Allows certain “book account” proof rules in cases involving executors/administrators, which can matter when the claim relies on records kept close in time to the transactions.
N.C. Gen. Stat. § 30-27 (Additional allowance for surviving spouse or child) – Creates a separate, deadline-driven allowance proceeding for a surviving spouse or child; it is not a general caregiver compensation statute, but it is sometimes confused with caregiver claims because it is handled in estate proceedings before the clerk and has strict timing rules.

Analysis

Apply the Rule to the Facts: The facts describe years of care, transportation, and household support with no written agreement. That fact pattern can support a probate claim only if the services can be shown to be more than ordinary unpaid help and if the proof supports an expectation of compensation. The stronger the documentation (care logs, mileage records, receipts, text messages about payment, or third-party witnesses), the more likely the claim can be evaluated as a real estate debt rather than a vague request for “something for helping.”

Process & Timing

Who files: The caregiver (as a creditor/claimant). Where: With the personal representative handling the estate opened before the Clerk of Superior Court in the North Carolina county where the estate is being administered. What: A written creditor claim describing services, dates, and the amount requested, with supporting documentation (service log, mileage list, receipts, and any communications). When: As soon as possible after learning the estate is open and after the estate publishes the general notice to creditors; deadlines can be short and can cut off late claims.
Personal representative review: The personal representative may request more detail, compare the claim to estate records, and decide to allow it, compromise it, or deny it. If the claim is unclear, unsupported, or looks like a family-gift situation, denial is more likely.
If denied or disputed: The caregiver may need to pursue the dispute through the estate proceeding process (often treated like a contested matter) and be prepared to prove the services, the expectation of payment, and the reasonable value. If the dispute becomes formal, proper notice and service on “interested persons” may be required, and the clerk’s procedures can be strict about filings and proof.

Exceptions & Pitfalls

Family-services presumption problems: When the caregiver is a close family member, estates often argue the help was provided out of love and duty, not for pay. Clear proof of an expectation of payment helps address this.
Vague, lump-sum claims: A single number with no breakdown invites denial. A better claim separates (a) caregiving hours, (b) transportation/mileage, and (c) reimbursable household expenses, with dates and supporting records.
Confusing caregiver claims with “allowances”: A spouse’s or child’s statutory allowances are different from caregiver compensation. Allowances have their own rules and, in some situations, strict filing windows tied to the date of death or the issuance of letters.
Service and notice mistakes if the matter becomes contested: If the dispute turns into a contested estate proceeding, the clerk may require formal summons and service on interested persons, and missing a required step can delay or derail the claim.

Conclusion

In North Carolina, a caregiver may be able to seek compensation from an estate without a written agreement by presenting a well-supported creditor claim that proves specific services were provided with an expectation of payment and states a reasonable value. The claim is handled through the estate administration before the Clerk of Superior Court and may become contested if the personal representative or heirs object. The most important next step is to submit a detailed written claim to the personal representative promptly after the estate opens and creditor notice runs.

Talk to a Probate Attorney

If a caregiver compensation claim is being disputed in an estate administration, an attorney can help organize proof, present the claim in the format the personal representative and Clerk of Superior Court expect, and protect deadlines if the matter becomes contested. 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.