How do I file a creditor claim against my ex-spouse’s estate for unpaid support and reimbursements owed under our divorce agreement? – North Carolina

Short Answer

In North Carolina, a former spouse can usually pursue unpaid support or reimbursement obligations as a creditor claim in the decedent’s estate. The claim must be presented in writing to the personal representative (or filed with the Clerk of Superior Court where the estate is pending) and it must be presented within the estate’s creditor-claim deadline stated in the Notice to Creditors. If the personal representative rejects the claim, a lawsuit generally must be filed within three months after written notice of rejection or the claim can be barred.

Understanding the Problem

In North Carolina probate, can a former spouse file a creditor claim against a deceased ex-spouse’s estate to collect unpaid support and reimbursements required by a divorce agreement, and what happens if the estate disputes the amount or refuses to pay? The decision point is whether the unpaid obligations qualify as an enforceable debt of the decedent that must be presented through the estate’s creditor-claim process, and whether the claim is presented on time. This question often comes up when the divorce agreement also required cooperation on financial items (like prior-year joint tax returns) and there is concern about whether the estate can cover related liabilities.

Apply the Law

North Carolina estates are administered through the Clerk of Superior Court in the county where the estate is opened, with a personal representative (executor/administrator) responsible for receiving, evaluating, and paying valid claims. A creditor claim is typically a written demand that identifies what is owed and why it is owed. The most important rule is timing: claims must be presented within the deadline set by North Carolina’s estate-claim statutes and the published Notice to Creditors, or the claim may be barred.

Key Requirements

A written claim with enough detail: The claim should state the amount (or item/relief requested), the basis for the claim (for example, unpaid amounts due under a divorce agreement or court order), and the claimant’s name and address.
Proper presentment to the right place: The claim must be delivered to the personal representative (using an accepted delivery method) or filed with the Clerk of Superior Court in the county where the estate is pending.
Meet the deadline and be ready for a dispute: The claim must be presented within the creditor period, and if the personal representative rejects it, the claimant must timely file suit to preserve the claim.

What the Statutes Say

N.C. Gen. Stat. Chapter 28A, Article 19 (Claims Against Decedents’ Estates) – sets the rules for how claims are presented, when they are barred, and what happens if a claim is rejected.
N.C. Gen. Stat. § 1-22 (Death before limitation expires) – ties survival of claims and lawsuits against a personal representative to timely presentment under the estate-claim deadlines.

Analysis

Apply the Rule to the Facts: The facts describe unpaid support/reimbursement obligations under a divorce agreement and a concern about financial cooperation on prior-year joint tax returns. Unpaid amounts that were due before death are commonly treated as a debt of the decedent that can be presented as a creditor claim to the estate, as long as the claim is put in writing, delivered to the proper place, and presented within the creditor deadline. If the personal representative disputes the amount (for example, arguing offsets, partial payments, or that certain reimbursements were never triggered), the estate can reject the claim, which shifts the issue into a time-sensitive lawsuit track.

Process & Timing

Who files: The former spouse (the creditor/claimant). Where: With the personal representative of the estate, and/or with the Clerk of Superior Court in the North Carolina county where the estate administration is pending. What: A written creditor claim stating the amount (or item/relief sought), the basis (unpaid support/reimbursements under the divorce agreement/order), and the claimant’s contact information; attach a clear payment history or spreadsheet and copies of the relevant divorce documents when available. When: Present the claim within the deadline stated in the estate’s Notice to Creditors (North Carolina law generally bars late claims, with limited exceptions).
Estate review: The personal representative reviews the claim for validity and may request supporting documentation (for example, proof of nonpayment, calculations, or an affidavit confirming what is due and whether any offsets apply). The personal representative may allow the claim, negotiate it, or reject it in whole or in part.
If rejected: If the personal representative sends written notice that the claim is rejected, the claimant generally must file a civil action to recover on the claim within three months after that written rejection notice, or the claim can be barred under North Carolina’s estate-claim rules.

Exceptions & Pitfalls

Missing the presentment deadline: Even a valid support/reimbursement debt can be lost if it is not presented within the estate-claim deadline. If there is uncertainty about the deadline, filing promptly with the Clerk of Superior Court (in the estate file) can create a clear record of timely presentment.
Not stating the claim clearly: Vague claims (for example, “money owed under divorce”) invite rejection. A better claim identifies each category (support arrears, specific reimbursements), the date range, and how the total was calculated.
Confusing “probate claim” with “family court enforcement”: Some obligations may have been enforceable in domestic court while the ex-spouse was alive, but after death the collection path often runs through probate administration and the estate’s claim process.
Tax-return cooperation issues: Signing a joint return can create personal exposure for taxes, interest, and penalties. A creditor claim for unpaid support/reimbursements does not automatically protect against tax liability, so it is important to coordinate probate strategy with advice from a tax attorney or CPA before signing any return.
Service and proof problems: Claims sent without proof of delivery can lead to disputes about whether the claim was timely. Using a method that creates a paper trail (and keeping copies) helps avoid that fight.

For more background on how deadlines and notice can affect claims, see what happens if a creditor needs to file a claim but hasn’t received notice about the estate and how creditor claims work in probate.

Conclusion

In North Carolina, unpaid support and reimbursement obligations owed under a divorce agreement can often be pursued as a creditor claim against an ex-spouse’s estate. The claim should be presented in writing with the amount and basis stated, and it must be delivered to the personal representative or filed with the Clerk of Superior Court in the county where the estate is pending before the creditor-claim deadline in the Notice to Creditors. If the claim is rejected in writing, the next step is to file a civil action within three months of the rejection notice.

Talk to a Probate Attorney

If a former spouse died owing support or reimbursements under a divorce agreement and the estate is disputing payment or timing, our firm has experienced attorneys who can help explain the probate claim process, deadlines, and options for resolving the claim. Call us today at [CONTACT NUMBER].

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.