Jan262026
Probate Q&A Series

What happens if other relatives show up after the death and try to take the property—does that affect my ability to make a claim? – North Carolina

Short Answer

In North Carolina, other relatives showing up and asserting rights to the decedent’s property usually does not eliminate a caregiver’s ability to make a claim. A caregiver claim is typically treated as a creditor claim for unpaid services or reimbursement, and it must be presented properly and on time to the estate’s personal representative (or handled through the Clerk of Superior Court if it becomes contested). The bigger risk is delay: if assets are distributed or the estate closes before a claim is filed, collecting can become much harder.

Understanding the Problem

In North Carolina probate, can a caregiver still make a claim for unpaid caregiving services or out-of-pocket purchases after the decedent’s death when other relatives appear and start trying to take or control the decedent’s property? The decision point is whether the claim is treated and pursued as a timely estate claim (a debt the estate may owe) rather than an argument about who inherits. The timing and the identity of the person legally in charge of the estate administration matter because the claim must be directed to the proper estate channel.

Apply the Law

North Carolina separates (1) who inherits from (2) who the estate owes. A caregiver seeking payment for services or reimbursement is generally in the second category: a creditor claim against the estate. Relatives asserting inheritance rights may affect who ultimately receives what is left after debts are handled, but they do not automatically defeat a valid creditor claim. The main forum for estate administration and many estate disputes is the Clerk of Superior Court in the county where the estate is opened.

Key Requirements

  • Proper target (the estate, not the relatives): The claim should be presented to the estate’s personal representative (executor/administrator) and, if disputed, addressed through the Clerk of Superior Court as part of the estate proceeding.
  • Timely presentation: North Carolina has strict time limits tied to the estate’s creditor-notice process. Missing the claim window can bar the claim even if the work was real.
  • Proof of value and expectation of payment: With no written caregiver agreement and few receipts, the claim typically depends on showing what services/items were provided, when, and why payment was expected (not a purely free gift).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe years of unpaid caregiving (transportation, coordinating care decisions, and purchasing supplies) and a medical power of attorney. Other relatives asserting rights to property does not, by itself, prevent a caregiver from asserting an estate claim for reimbursement or payment for services. The practical impact is that relatives may push for quick control or distribution, so the claim should be presented promptly to the personal representative and documented as well as possible (even without a formal contract or many receipts).

Process & Timing

  1. Who files: The caregiver as a creditor/claimant. Where: Start with the personal representative of the estate (the executor/administrator) and the estate file with the Clerk of Superior Court in the county where the estate is opened. What: A written claim describing the services provided, dates/time period, the basis for payment, and the amount claimed (plus supporting documents such as calendars, bank statements, pharmacy records, mileage logs, text messages, or witness statements). When: As soon as possible and within the estate’s creditor-claim deadline set by North Carolina’s probate notice process.
  2. If relatives are taking property: Notify the personal representative in writing immediately. If there is no personal representative yet, an interested person may need to open an estate so there is a legally authorized fiduciary who can demand return of estate property and manage claims.
  3. If the claim is disputed: The personal representative may deny or question the claim. At that point, the dispute can move into a contested estate proceeding before the Clerk of Superior Court (and sometimes to Superior Court depending on the issue), where evidence and testimony may be required.

Exceptions & Pitfalls

  • “They’re family so it was free” arguments: When services are provided in a family-like setting, estates often argue the work was intended as a gift. Stronger proof usually includes consistent caregiving over time, the scope of duties, and evidence that payment was discussed or expected.
  • Power of attorney confusion: A medical power of attorney generally ends at death and does not create an automatic right to take property. It also does not automatically prove a right to payment; the claim still needs evidence of services/items and value.
  • Asset dissipation and closing the estate: If relatives remove property before a personal representative secures it, or if the estate distributes assets before a claim is presented, recovery can become more complicated. Prompt written notice to the personal representative and quick claim presentation helps reduce this risk.

For related guidance on getting a claim to the right person in an estate, see how to submit it to the right contact.

Conclusion

Other relatives asserting rights to a decedent’s property usually does not stop a caregiver from making a claim in North Carolina; it mainly increases the urgency to use the correct probate process. A caregiver claim is typically handled as a creditor claim against the estate and should be presented to the personal representative and supported with whatever documentation exists. The key next step is to submit a written creditor claim to the personal representative through the estate file with the Clerk of Superior Court within the estate’s creditor-claim deadline.

Talk to a Probate Attorney

If you’re dealing with relatives trying to take estate property while an unpaid caregiving or reimbursement claim needs to be filed, our firm has experienced attorneys who can help explain options, proof issues, and timelines. 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.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.