Probate Q&A Series

1. Detailed Answer

When you administer an estate in North Carolina, you move through a series of court-supervised steps. At this stage, the court has approved a standstill order. This order pauses any further distributions or creditor actions until the court resolves outstanding issues. You cannot distribute assets or pay commissions during this pause. The standstill order protects the estate’s assets and ensures a fair process for all parties.

Next, the court will likely require mediation of the contested issues. Under G.S. 7A-38.1, Superior Court matters—including those involving estate disputes—often proceed to mediation before trial. A neutral mediator helps you and other parties work through disagreements over distributions, accountings or creditor claims. You’ll exchange position statements, select a mediator approved by the Dispute Resolution Commission and schedule your session. Mediation can save time and expense by avoiding a full hearing.

Once the mediator and parties reach agreement—or if the court issues a final order—the personal representative prepares a final accounting. At that point, you collect written receipts from each beneficiary, creditor or heir who receives assets. North Carolina law requires these receipts before closing the estate. Under G.S. 28A-18-5, you must file those receipts with the Clerk of Superior Court. They prove that you distributed estate property in accordance with court approval.

2. Key Points to Guide You

  • Standstill Order: Freezes all asset distributions, creditor claims and commission payments until the court lifts it.
  • Mediation Timeline: Parties exchange statements, choose a mediator, then meet—often within 60 days of the order.
  • Final Accounting: After mediation or court ruling, compile financial records of all estate activity.
  • Receipts Requirement: Obtain written receipts from every beneficiary and creditor to comply with G.S. 28A-18-5.
  • Deadlines:
    • Inventory and appraisal within 90 days of qualification (G.S. 28A-18-2).
    • Notice to creditors within three months of qualification (G.S. 28A-18-3).

Understanding these steps can reduce uncertainty and keep your administration on track. If the standstill order, mediation process or final receipts requirements feel overwhelming, you don’t have to navigate them alone.

Call to Action: Pierce Law Group’s attorneys handle estate administration across North Carolina every day. We guide you through stays, mediations and final distributions. Reach out to us for clear advice and timely action. Email intake@piercelaw.com or call us at (919) 341-7055 to schedule a consultation.