Detailed Answer
When a person dies without honoring a personal contract, you can enforce that agreement through probate or by pursuing a judgment and then attaching estate assets. North Carolina law requires the personal representative to publish notice to creditors under Chapter 28A of the North Carolina General Statutes. Your breach‐of‐contract claim qualifies as a creditor claim under N.C. Gen. Stat. § 28A-15-1 (https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-15-1.html).
First, present your claim in writing to the personal representative. File within 3 months from qualification of the representative or within 90 days after first publication of notice to creditors, whichever is later (N.C. Gen. Stat. § 28A-15-3 – https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-15-3.html). Missing these deadlines may bar your claim.
If the representative denies your claim, you may file suit in superior court within 30 days of denial under N.C. Gen. Stat. § 28A-18-1 (https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-18-1.html). Courts enforce these time limits strictly.
Alternatively, if you already obtained a judgment against the decedent before death, enforce it against the estate as a judgment creditor. File the judgment with the clerk of superior court and follow N.C. Gen. Stat. § 28A-18-2 (https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-18-2.html). Judgment creditors rank after secured and preferred claims but ahead of heirs.
Also, watch the general statute of limitations on contract actions. North Carolina requires written or oral contract suits within three years from the breach under N.C. Gen. Stat. § 1-52 (https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-52.html). If you delay beyond that window, a court can dismiss your claim.
Key Points to Guide You
- Gather your contract and supporting documents before contacting the estate’s representative.
- Determine whether to file a creditor claim in probate or enforce a pre-death judgment.
- Submit a written claim by the deadlines in N.C. Gen. Stat. § 28A-15-3.
- If your claim is denied, sue under N.C. Gen. Stat. § 28A-18-1 within 30 days.
- Enforce existing judgments against the estate under N.C. Gen. Stat. § 28A-18-2.
- Observe the three-year statute of limitations for contracts under N.C. Gen. Stat. § 1-52.
- Missing deadlines can permanently forfeit your recovery rights.
Enforcing a contract claim in probate demands understanding strict deadlines and procedural rules. Pierce Law Group’s attorneys guide creditors and personal representatives through each step. Contact us today at intake@piercelaw.com or call (919) 341-7055.
