Short Answer

In North Carolina, you open an intestate estate by applying with the Clerk of Superior Court in your mother’s county of residence to be appointed as administrator. You file the Application for Letters of Administration (AOC-E-202), provide a death certificate, and post bond unless a statutory waiver applies. After you qualify and receive Letters, you publish notice to creditors and file an inventory within three months. Small-estate shortcuts exist, but a pending personal injury claim typically requires full administration; life insurance with a named beneficiary usually passes outside probate.

Understanding the Problem

You are in North Carolina, your mother died without a will, and you (her adult child and sole heir) want to open probate and qualify as administrator so you can handle a bank account, a vehicle title, a life insurance policy, and a pending personal injury settlement. The goal is to get court authority to collect assets, address any claims, and make the final distribution legally and safely.

Apply the Law

North Carolina intestate estates are opened with the Clerk of Superior Court. Priority to serve as administrator follows statute, with close family (including a sole heir) typically at the front of the line. The applicant must be qualified, may need a bond, and, once appointed, must publish and mail notice to creditors and file an inventory on time. The main forum is the Clerk of Superior Court in the county of the decedent’s domicile. Key timing points include the creditor claim window (at least 90 days from first publication) and the inventory due date (generally three months after qualification). Wrongful death and many settlements tied to injury require a duly appointed personal representative to act.

Key Requirements

• Standing and priority: As the sole heir of an intestate decedent, you have priority to apply for Letters of Administration if you are otherwise qualified.
• Qualification and bond: You must be eligible to serve, take an oath, and post bond unless a statutory exception applies (for example, NC resident administrator with all adult heirs waiving bond in writing).
• Notices and inventory: After Letters issue, publish notice to creditors and mail notice to known creditors (including Medicaid if applicable), then file an inventory of estate assets within three months.
• Non‑probate vs. probate assets: Life insurance with a named beneficiary is typically non‑probate; a bank account titled solely to the decedent and a vehicle titled in the decedent’s name are probate assets.
• Litigation and settlements: Personal injury and wrongful death claims must be handled by the appointed representative and may require court approval before settlement and distribution.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-6-1 (Application; appointment) – how to apply and be appointed as personal representative.
• North Carolina Gen. Stat. § 28A-8-1 (Bond required) – bond is required unless a statutory exception applies.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – publish and mail notice; triggers the claims window.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory) – inventory due within three months after qualification.

Analysis

Apply the Rule to the Facts: As the sole heir of an intestate decedent, you have priority to serve and can apply for Letters with the Clerk using AOC-E-202 and the death certificate. Because there is a pending personal injury settlement, full administration is appropriate so the representative can lawfully settle and, if needed, seek court approval. You will publish and mail creditor notice, including to Medicaid, and file the inventory within three months. Expect the bank account and vehicle to pass through the estate; life insurance with a living, named beneficiary will usually bypass probate.

Process & Timing

1. Who files: The sole heir (you). Where: Clerk of Superior Court in the North Carolina county where your mother was domiciled. What: AOC‑E‑202 (Application for Letters of Administration), death certificate, bond paperwork (AOC‑E‑401) if required, oath (AOC‑E‑400). If you live outside North Carolina, appoint a resident process agent (AOC‑E‑500). When: File as soon as you have the death certificate and asset information; inventory is due within three months after you qualify.
2. After you qualify and receive Letters (AOC‑E‑403), open an estate bank account, publish Notice to Creditors, and mail notice to known creditors (including Medicaid if applicable). The creditor claim period runs at least 90 days from first publication; counties may vary on publication logistics and proof filing (AOC‑E‑307).
3. Collect assets (bank funds; retitle the vehicle with your Letters), coordinate the personal injury settlement through the representative (and obtain court approval if required), resolve valid claims and any Medicare/Medicaid reimbursement, then file your final accounting to close the estate and receive a closing order.

Exceptions & Pitfalls

• Small estates: Collection by affidavit may be available if estate personal property is ≤ $20,000, but a pending injury claim usually calls for full administration.
• Vehicle transfer without probate: Title can sometimes be reassigned using a DMV affidavit when no administration is opened, but this should not be used if debts or claims (like Medicaid) may exist.
• Bond traps: Bond waivers by adult heirs apply only if the administrator is a North Carolina resident; nonresident administrators typically must post bond and appoint a resident agent.
• Non‑probate assets: Life insurance with a named beneficiary passes outside probate; do not list it as an estate asset unless the estate is the beneficiary.
• Medicaid/Medicare: Treat Medicaid as a known creditor and mail notice; address Medicare conditional payment recovery if there is a settlement.
• Wrongful death vs. personal injury: Only a duly appointed representative can act; settlements often require court approval and have special distribution rules separate from ordinary estate creditors.
• Hidden accounts: If estate assets are insufficient, the representative may seek recovery from certain survivorship/POD funds solely to pay claims; do this only after assessing all probate assets and legal prerequisites.

Talk to a Probate Attorney

If you’re dealing with opening an intestate estate and handling a bank account, vehicle title, and a pending injury settlement, our firm has experienced attorneys who can help you understand your options and timelines. 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.