Short Answer

In North Carolina, after you receive Letters from the Clerk of Superior Court, you must publish a notice to creditors once a week for four consecutive weeks in a qualifying county newspaper and mail the notice to known creditors within 75 days. Creditors must present claims by a bar date at least three months after first publication (or within 90 days of personal notice, if later). Medical and ambulance bills are unsecured claims paid only after higher-priority expenses; do not pay general medical bills until the claim window closes unless the estate is clearly solvent.

Understanding the Problem

You want to know, under North Carolina probate law, how an executor publishes creditor notice and how to handle outstanding medical and ambulance bills. You are the executor and need a resident process agent in North Carolina. This question focuses on the timing, steps, and priority for paying those healthcare invoices.

Apply the Law

After you qualify and receive Letters, North Carolina requires a two-track creditor notice: (1) publish notice in a qualifying local newspaper weekly for four consecutive weeks; and (2) send personal notice by first-class mail to all creditors you actually know about or can reasonably identify within 75 days. The published notice sets a claim deadline at least three months from the first publication. If a creditor gets personal notice, that creditor has at least 90 days from the mailing to present the claim if that 90-day date is later than the published deadline. Claims must be in writing and sufficiently describe the amount and basis. You file proof of notice with the clerk when you file the three-month inventory. Unsecured medical and ambulance bills are generally paid only after higher-priority items; Medicaid estate recovery (if applicable) has a higher statutory priority than ordinary medical bills.

Key Requirements

• Qualify and, if needed, obtain ancillary Letters: Open the estate in the correct North Carolina county; a nonresident personal representative should designate a North Carolina resident process agent.
• Publish notice: Run the creditor notice once a week for four consecutive weeks in a qualified county newspaper; include your mailing address and a bar date at least three months after first publication.
• Mail personal notices within 75 days: Send the notice to all known or reasonably ascertainable creditors; if the decedent received Medicaid, send notice to the Division of Health Benefits.
• File proof with the clerk: File the Affidavit of Notice to Creditors (AOC-E-307) and the newspaper’s affidavit when you file the 90-day inventory.
• Pay claims in order: Wait until the claim period ends; then pay according to statutory priority. Routine medical/ambulance bills are general unsecured claims; Medicaid estate recovery is a higher class than general medical bills.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – Requires publication and personal notice and sets minimum timing.
• North Carolina Gen. Stat. § 28A-14-2 (Proof of notice) – Requires filing proof of published/mailed notices with the three-month inventory.
• North Carolina Gen. Stat. § 28A-19-3 (Limits on presenting claims) – Bars untimely claims and addresses deadlines for mailed notices.
• North Carolina Gen. Stat. § 28A-19-6 (Order of payment) – Lists the priority classes, including administration costs, capped funeral/burial, taxes, Medicaid recovery, and then other claims.

Analysis

Apply the Rule to the Facts: Because you need a North Carolina resident process agent, you’ll open the estate here (or obtain ancillary Letters) and designate that agent when you qualify. After Letters issue, publish the notice for four consecutive weeks and send mailed notices within 75 days to known creditors, including any hospitals, ambulance providers, and, if applicable, the state Medicaid agency. After the claim window closes, pay expenses in the statutory order; routine medical and ambulance bills are treated as general unsecured claims and are paid only after higher-priority items.

Process & Timing

1. Who files: The executor/personal representative. Where: Clerk of Superior Court in the North Carolina county where the estate (or North Carolina property) is administered. What: Application for Probate and Letters (AOC‑E‑201) for testate estates; oath; designation of a resident process agent if you reside out of state; then prepare a Notice to Creditors for publication. When: Publish promptly after Letters; mail personal notices within 75 days of Letters; set the bar date at least 3 months from the first publication.
2. Arrange the newspaper run for four consecutive weeks. Obtain the newspaper’s Affidavit of Publication. Track creditor mailings and keep copies. Within about three months, file the 90‑day inventory and the Affidavit of Notice to Creditors (AOC‑E‑307) with the clerk.
3. After the claims period closes, review claims and pay in statutory order. If Medicaid files a recovery claim, address it according to its statutory priority before general medical/ambulance bills. Maintain receipts for your final account.

Exceptions & Pitfalls

• Failing to publish or mail timely notices can keep claims alive and may expose the personal representative to liability.
• If the decedent received Medicaid, the Division of Health Benefits may file an estate recovery claim with higher priority than general medical bills; send them notice promptly.
• Do not pay unsecured medical/ambulance bills before the claim window closes unless you are certain the estate is solvent; otherwise, you may have to claw back or be personally responsible for shortfalls.
• Secured claims and liens are not cut off by the notice; confirm whether any provider has a lien or security interest.
• Set a clear bar date at least three months after first publication and confirm the newspaper’s schedule to avoid publication errors.

Talk to a Probate Attorney

If you’re handling creditor notices and medical or ambulance bills in a North Carolina estate, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 000-000-0000.

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.