How do I file a creditor’s claim in probate to recover money I spent on home repairs? – North Carolina

Short Answer

In North Carolina, a probate creditor’s claim is a written claim presented against a deceased person’s estate during estate administration. It is usually delivered to the personal representative (executor/administrator) or filed with the Clerk of Superior Court in the county where the estate is open, and it must include the amount claimed and the basis for the claim. If the person who benefited from the repairs is still alive, probate is not available yet because there is no estate to file a claim against.

Understanding the Problem

In North Carolina probate, the key question is whether a person can file a creditor’s claim in an estate proceeding to be repaid for home repairs and related payments that benefited another person. This question comes up when someone spent personal funds on improvements, maintenance, or installments connected to a home and wants reimbursement from the owner’s estate after death. The process depends on whether a North Carolina estate has been opened and whether a personal representative has been appointed to receive and act on claims.

Apply the Law

North Carolina’s creditor-claim process applies to claims against a decedent’s estate during estate administration. A claim generally must be in writing and must be presented to the personal representative or filed with the Clerk of Superior Court in the county where the estate is being administered. The personal representative decides in the first instance whether to accept, reject, dispute, or “refer” a claim, and a rejected claim can require a lawsuit within a short window to avoid being barred.

Key Requirements

An open estate and a personal representative: Probate claims are made against a decedent’s estate, usually after the Clerk of Superior Court issues letters to a personal representative who has authority to act for the estate.
A proper written claim: The claim should state the amount (or item/relief sought), the basis for the claim (what it is for), and the claimant’s name and address, with enough detail for the personal representative to evaluate it.
Timely presentment and follow-up if rejected: The claim must be presented within the applicable creditor-claims deadline tied to the estate’s notice to creditors, and if the personal representative rejects the claim, an action typically must be filed within a short period after written notice of rejection.

What the Statutes Say

N.C. Gen. Stat. § 1-301.3 (Appeal of trust and estate matters determined by clerk) – explains that the Clerk of Superior Court decides many estate administration matters, with a limited-time appeal process.
N.C. Gen. Stat. § 1-22 (Death before limitation expires; action by or against personal representative or collector) – ties certain lawsuits against a decedent’s estate to the requirement that notice of the claim be presented within the estate creditor-claims period.

Note: North Carolina’s detailed creditor-claim rules for estates are primarily in Chapter 28A, Article 19. Statute section numbers within that Article can vary by sub-issue, and a filing strategy should match the specific timeline created by the estate’s published notice to creditors and any direct notice to known creditors.

Analysis

Apply the Rule to the Facts: The facts describe spending money on home repairs and payments connected to an elderly person’s home, but the elderly person is still alive. Because probate creditor claims are for decedents’ estates, a probate claim cannot be filed until after death and after an estate is opened with a personal representative appointed. If and when an estate is opened, the repairs and payments would need to be framed as a specific debt (for example, reimbursement under a written agreement or another legally recognized basis) and supported with documentation such as invoices, receipts, canceled checks, and any written communications showing why repayment is owed.

Process & Timing

Who files: the person or business claiming repayment (the creditor/claimant). Where: with the estate’s personal representative (executor/administrator), and/or filed 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, the basis, and the claimant’s contact information, with copies of supporting records attached when available. When: within the creditor-claims period stated in the estate’s notice to creditors (often tied to the first publication date) and any direct notice sent to known creditors.
Personal representative review: the personal representative reviews the claim for validity and may request a sworn statement or other proof that the debt is due, unpaid, and not subject to offsets.
Acceptance, rejection, or referral: if the claim is rejected, the claimant generally must file a civil action within a short time after written notice of rejection to avoid being barred; if the claim is allowed, it may be paid later in administration based on the estate’s solvency and statutory priority rules.

Exceptions & Pitfalls

No death / no estate opened: if the property owner is still alive or no estate is open, there is no probate creditor-claim process to use yet.
Unclear “basis” for reimbursement: receipts alone may not prove a legal duty to repay; a claim is stronger when it ties the spending to a written agreement, a clear promise to repay, or another recognized legal theory under North Carolina law.
Wrong target: a creditor claim is made against the estate through the personal representative (or filed with the Clerk in the estate file), not against family members who refuse contact.
Missing the rejection-suit deadline: once the personal representative sends written notice rejecting the claim, waiting too long to file suit can permanently bar recovery even if the debt is otherwise valid.

Conclusion

In North Carolina, filing a probate creditor’s claim is only available after the person who benefited from the repairs has died and an estate has been opened with a personal representative. A valid claim must be in writing, state the amount and basis for repayment, and be presented to the personal representative or filed with the Clerk of Superior Court in the county where the estate is pending within the deadline set by the estate’s notice to creditors. The next step is to locate the estate file and present the written claim within that creditor-claims period.

Talk to a Probate Attorney

If a repayment dispute involves probate creditor-claim deadlines, documentation of repairs, and questions about whether an estate is open in North Carolina, counsel can help sort out the correct procedure and timing. 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.