How to Open an Intestate Estate in North Carolina to Pursue a Wrongful Death Claim
Detailed Answer
When someone dies without a valid will in North Carolina, the state’s intestate succession laws govern how their estate passes to heirs. If you also need to bring a wrongful death action on behalf of the decedent, you must first open an intestate estate and have a personal representative appointed. You can then pursue a claim under Chapter 28A, Article 18 of the North Carolina General Statutes.
1. Confirm Intestate Status and Decedent’s Residence
First, verify that no valid will exists. Then locate the county where the decedent resided at the time of death. Under G.S. 28A-2-1, that county’s Clerk of Superior Court will handle the estate administration.
2. Prepare Required Documents
You will need the original death certificate, an heirship list with contact information for all next of kin, and an estimated value of assets and debts. Gather deeds, titles, bank statements, and any relevant account records.
3. File a Petition for Administration
Submit a Petition for Administration under G.S. 28A-6-1. The petition asks the clerk to name a personal representative. You can request yourself or another qualified person for that role. The clerk will review the petition, issue Letters of Administration, and set deadlines for notices.
4. Provide Notice to Heirs and Creditors
North Carolina law requires you to notify all known heirs and publish a notice to creditors in a local newspaper. This process gives potential creditors time to present claims against the estate under G.S. 28A-19-2.
5. Obtain Letters of Administration
Once the clerk approves the petition, you will receive Letters of Administration. As personal representative, you gain authority to collect assets, pay valid debts, and manage estate affairs.
6. File the Wrongful Death Action
Under G.S. 28A-18-1, only the personal representative may bring a wrongful death suit. The action must begin within two years of the decedent’s death per G.S. 1-53. The court will require proof of your appointment and Letters of Administration before you file the complaint.
7. Distribute Damages
If the wrongful death claim resolves by settlement or judgment, distribution follows the heirship scheme in G.S. 28A-21-2. The statute sets out how proceeds divide among surviving spouse, children, and other heirs.
Key Points to Keep in Mind
- Decedent must have been domiciled in North Carolina at death.
- You need the death certificate, heir list, and estate asset inventory.
- File a Petition for Administration with the Clerk of Superior Court.
- Provide statutory notice to heirs and creditors promptly.
- Obtain Letters of Administration before pursuing wrongful death.
- Wrongful death claims must start within two years of death.
- Distribution of damages follows North Carolina’s intestate succession laws.
Opening an intestate estate and pursuing a wrongful death action involves strict procedural steps. If you miss deadlines or fail to provide proper notice, you may lose the chance to recover on behalf of your loved one and distribute assets according to state law. At Pierce Law Group, our attorneys guide families through every stage of probate administration and wrongful death litigation. Contact us for personalized assistance today. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.
