Short Answer

In North Carolina, if the named life insurance beneficiary died and no contingent beneficiary was listed, the policy usually pays to the insured parent’s estate (unless the policy itself directs payment to heirs). To collect, someone must open the correct estate with the Clerk of Superior Court, get Letters of Administration, and file the insurer’s claim package. If the named beneficiary survived the insured by at least 120 hours, the proceeds typically belong to the beneficiary’s estate instead.

Understanding the Problem

You want to know if you can claim life insurance that named your now-deceased parent as beneficiary, when no contingent beneficiary was listed. In North Carolina probate, the key decision is whether the proceeds are payable to the insured parent’s estate or to the deceased beneficiary parent’s estate. Here, you are the sole surviving child, and the insurer has frozen the claim because the named beneficiary died.

Apply the Law

Under North Carolina law, life insurance normally pays to the living beneficiary. If the named beneficiary did not survive the insured by at least 120 hours, the beneficiary is treated as having predeceased the insured and, absent a contingent beneficiary, the proceeds generally go to the insured’s estate unless the policy says otherwise (some policies default to “heirs”). When proceeds are payable to an estate, you must qualify as personal representative with the Clerk of Superior Court to collect. The representative must then provide required notices to creditors and account for the funds in the estate. The main forum is the Clerk of Superior Court (Estates Division) in the county where the decedent was domiciled. A core timing rule: publish Notice to Creditors within 30 days after qualification; creditors typically have three months from first publication to present claims.

Key Requirements

• Determine who is entitled: Check the policy’s default-payee clause and apply the 120-hour survival rule to see whether proceeds go to the insured’s estate or to the deceased beneficiary’s estate.
• Get authority (Letters): If proceeds are payable to an estate, qualify as Administrator for that decedent’s estate with the Clerk of Superior Court to receive and deposit the funds.
• Claim package to insurer: Submit the insurer’s claim form, a certified death certificate, the policy (or lost-policy affidavit), and Letters of Administration (insurers typically require Letters when an estate is the payee).
• Creditor process: Publish and mail the Notice to Creditors, wait the statutory claim period, and handle any valid claims before distributing to heirs.
• Documentation and accounting: Inventory the asset, keep estate funds separate, and include the proceeds in estate accountings filed with the Clerk.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-24-2 (120-hour survival rule) – A beneficiary who does not survive by 120 hours is deemed to have predeceased.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – Personal representative must publish notice within 30 days of qualification and mail notice to known creditors.
• North Carolina Gen. Stat. § 28A-19-3 (Time limits for claims) – Claims generally must be presented within three months after first publication of the notice.
• North Carolina Gen. Stat. § 28A-15-12 (Proceedings to discover/recover property) – The Clerk can compel examinations and orders to recover estate property or information.

Analysis

Apply the Rule to the Facts: Because the named beneficiary parent is deceased and no contingent beneficiary exists, first determine whether that parent outlived the insured parent by at least 120 hours. If not, the beneficiary is treated as predeceased and, unless the policy redirects otherwise, the proceeds belong to the insured parent’s estate—so you would qualify as that estate’s Administrator to claim the funds. If the beneficiary did survive the insured by 120 hours, the proceeds belong to the beneficiary’s estate, and you would open and administer that estate to collect.

Process & Timing

1. Who files: The surviving child (or another priority heir). Where: Clerk of Superior Court, Estates Division, in the North Carolina county of the decedent’s domicile. What: File Application for Letters of Administration (AOC‑E‑202), oath, any required bond, and a certified death certificate. When: After qualification, publish Notice to Creditors within 30 days; creditors generally have three months from first publication to present claims.
2. Request the insurer’s claim forms and submit the claim package (Letters, certified death certificate, policy or affidavit of lost policy, and claim statement). Insurer processing times vary; some carriers will not pay without Letters when the estate is the payee.
3. Deposit proceeds in the estate account, complete the creditor period, resolve valid claims, and then distribute according to North Carolina intestacy. File inventories and accountings; upon approval of the final account, the Clerk will discharge the Administrator.

Exceptions & Pitfalls

• Policy controls: Some policies direct unpaid benefits to “heirs.” Read the default-payee clause before assuming payment to the estate.
• Two estates may be needed: If the beneficiary survived the insured by 120 hours, the proceeds belong to the beneficiary’s estate—not the insured’s—so open the correct estate.
• Small-estate affidavits: Even if an estate qualifies for collection-by-affidavit, many insurers still require Letters when the estate is the payee.
• Information roadblocks: If someone is withholding policy details or documents, the Administrator can ask the Clerk to compel an examination or order production under estate‑property discovery procedures.
• Slayer rule: If a beneficiary unlawfully killed the insured, insurance cannot be paid to the slayer; different distribution rules apply.

Talk to a Probate Attorney

If you’re dealing with frozen life insurance because the named beneficiary died and no contingent was listed, 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.