Probate Q&A Series

How do I file a creditor claim in a North Carolina probate estate to recover unpaid caregiving costs?

Filing a Creditor Claim in a North Carolina Probate Estate

When an individual dies in North Carolina and their estate opens for probate, creditors—including those who provided caregiving services—must follow specific rules to submit a claim for unpaid bills. This process ensures you have an opportunity to recover caregiving costs from the decedent’s assets before distribution to heirs. Below are the key steps under North Carolina law.

1. Confirm the Probate Estate and Personal Representative

First, verify that the decedent’s estate is open in the county where they lived. The Clerk of Superior Court appoints a Personal Representative (PR) to manage estate business. You will need the estate file number and the PR’s contact information to prepare your claim.

2. Note the Claims Deadline

North Carolina requires that claims reach the estate within 90 days after the date of the first publication of the Notice to Creditors. See N.C. Gen. Stat. § 28A-19-3. The PR publishes this notice in a local newspaper and mails a copy to known creditors.

3. Prepare Your Written Claim

Your claim must be in writing and include:

  • The decedent’s full name and estate file number.
  • The PR’s name and address.
  • Your name and contact information.
  • The amount claimed and a description of the unpaid caregiving services rendered.
  • Supporting documents such as invoices, receipts, and signed service agreements.

Sign and date the claim, affirming its truth under penalty of perjury.

4. Submit the Claim to the Clerk’s Office

File your claim with the Clerk of Superior Court in the county where probate is pending. You can hand-deliver or mail it. Keep proof of submission. Send a copy to the PR as required by N.C. Gen. Stat. § 28A-19-3(e).

5. Monitor Claim Approval or Denial

The PR has 90 days from the date you file to allow or reject your claim. If allowed, the PR will schedule payment when estate funds permit. If denied, you must file a civil action in the probate county within 90 days of the denial notice or your claim will be forever barred. See N.C. Gen. Stat. § 28A-19-3(g).

Checklist: Preparing and Filing Your Creditor Claim

  • Obtain the probate estate file number and PR contact details.
  • Check the 90-day deadline from first publication of Notice to Creditors.
  • Draft a written claim with required information and supporting documents.
  • Sign the claim under penalty of perjury.
  • File with the Clerk of Superior Court and mail a copy to the PR.
  • Track the PR’s decision—approved or denied.
  • File suit within 90 days if your claim is denied.

Next Steps and How Pierce Law Group Can Help

Filing a creditor claim for unpaid caregiving costs can become complex if deadlines and requirements slip by. Pierce Law Group’s attorneys have extensive experience guiding creditors and personal representatives through North Carolina probate rules. We can review your documents, ensure you meet all statutory requirements, and protect your rights.

Contact us today for a consultation. Email us at intake@piercelaw.com or call (919) 341-7055. Let us help you recover the caregiving costs you deserve.