How can we get paid for building when the promised lots were never transferred and there’s no written contract? – North Carolina

Short Answer

In North Carolina, getting paid in this situation usually means asserting a creditor claim for the value of the work (often framed as an implied contract or unjust enrichment claim) against the correct party—either the decedent’s probate estate, a trust, or the surviving owner—rather than relying on the “promised lots.” If a probate estate is open, the safest path is typically to file a written creditor claim within the estate’s claims deadline. If no estate is open, it may be necessary to open probate (or use another authorized notice procedure) so there is a personal representative and a formal claims process.

Understanding the Problem

In North Carolina probate, the key question is whether payment for construction work can be collected when the deal involved a promised transfer of lots, but the lots were never transferred and there is no written contract. The decision point is who legally owes the money now that the person who made the promise has died—meaning whether the claim belongs against the decedent’s probate estate, against property held in a trust, or against a surviving owner who received most assets. Timing matters because creditor-claim deadlines can run quickly once an estate is opened and notice to creditors is published.

Apply the Law

North Carolina law generally allows a person who is owed money by someone who has died to pursue payment as a creditor, but the claim must be properly presented and on time. When there is no written contract, the claim often relies on an implied agreement (the law treating the situation as a contract based on conduct) or unjust enrichment (the law requiring payment when someone received a benefit and it would be unfair not to pay). In probate, the main forum is the Clerk of Superior Court in the county where the estate is administered, and the personal representative (executor/administrator) is the person who receives and evaluates creditor claims.

Key Requirements

Correct debtor (estate vs. trust vs. survivor): The claim must be aimed at the person or legal entity that actually received the benefit or assumed the obligation—often the decedent’s estate if the decedent incurred the debt, but sometimes a trust or a surviving owner depending on title and who benefited.
Proper presentment in writing: A probate creditor claim generally needs to be in writing and delivered using an accepted method so the personal representative and/or the Clerk receives it in the estate file.
Meet the claims deadline: Once notice to creditors runs, late claims can be barred even if the underlying debt is real, so the timing of publication and any mailed notice to known creditors can control the last day to file.

What the Statutes Say

N.C. Gen. Stat. Chapter 28A (Estates and Fiduciaries) – North Carolina’s core probate statutes, including creditor notice and claims procedures.
N.C. Gen. Stat. § 1-22 (Death before limitation expires; action by or against personal representative) – Ties lawsuits against a decedent’s estate to the probate claim-presentment deadline in many situations.
N.C. Gen. Stat. § 1-52 (Three years; contracts express or implied) – Common limitations period that often applies to implied-contract type claims (timing can still be affected by probate claim rules).

Analysis

Apply the Rule to the Facts: The facts describe construction work tied to a promise of lots that were never transferred, with the promisor now deceased and most assets passing to a surviving parent, while some property appears to be held in a trust. That pattern usually points to a creditor claim for the value of the work (rather than a claim to the lots themselves), and the first step is identifying whether the benefit and obligation sit with the probate estate, a trust, or a surviving owner. Because the executors are family members and the estate status may be unclear, the practical risk is missing the probate creditor deadline once notice is published.

Process & Timing

Who files: the person or business claiming payment for the construction work. Where: with the personal representative (executor/administrator) and/or the Clerk of Superior Court in the county where the estate is administered in North Carolina. What: a written creditor claim stating the amount claimed (or how it is calculated), the basis (work performed/materials provided), and claimant contact information, delivered in an accepted way (for example, in person or by mail, or by certified/registered mail to the address in the published notice). When: by the deadline stated in the estate’s published notice to creditors (commonly at least three months from first publication), and sometimes later if a required mailed notice creates a later 90-day deadline.
Personal representative review: the executor typically reviews the claim for documentation and may request support showing the balance due and credits/payments. The executor may allow the claim, negotiate it, or reject it in writing.
If rejected: the next step is usually filing a civil lawsuit within the short post-rejection window set by probate law, or the claim can be barred even if it was timely presented in probate.

Exceptions & Pitfalls

Waiting for the surviving parent to die: If the obligation is the decedent’s debt, delaying until after the surviving parent’s death can be too late because probate claim deadlines run in the decedent’s estate, not when a later beneficiary dies.
Targeting the wrong pocket: If the home or lots are in a trust or titled outside the estate, a probate claim alone may not reach that property; the claim strategy may need to address the trust or the person who holds title.
No written contract does not mean no claim: The bigger risk is proof—without a contract, the claim often turns on invoices, receipts, scope-of-work texts/emails, permits, photos, and witness testimony showing the work was requested/accepted and its reasonable value.
Handling sale proceeds in an account under one person’s name: Moving money to “keep it from being spent” can create serious disputes about ownership and fiduciary duties depending on whose money it is and what authority existed. That issue can complicate settlement leverage and should be addressed carefully with counsel.
Missing the rejection-lawsuit window: Even a timely probate claim can die if the executor rejects it and no lawsuit is filed within the required time.

For more background on timing and notice issues, see when the creditor notice is published and how long the standard notice period lasts and what happens when a creditor has not received notice about the estate.

Conclusion

In North Carolina, getting paid for construction work when promised lots were never transferred and there is no written contract usually means filing a timely creditor claim for the value of the work against the correct legal party—often the decedent’s probate estate, but sometimes a trust or a surviving owner depending on title and who benefited. The most important next step is to present a written claim to the executor and/or the Clerk of Superior Court by the deadline in the estate’s notice to creditors (commonly at least three months from first publication).

Talk to a Probate Attorney

If there is a dispute about getting paid after a death—especially where there is no written contract, assets may be in a trust, or probate may not be open—our firm has experienced attorneys who can help explain 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.