What is the process and standard timeline to submit my caregiving and reimbursement claims, and can another relative who helped provide round-the-clock care submit a claim too? – North Carolina

Short Answer

In North Carolina, a caregiving or reimbursement request is usually treated as a creditor claim against the decedent’s estate and must be presented in writing to the personal representative (or filed with the Clerk of Superior Court in the county where the estate is open) within the estate’s creditor-claims deadline—commonly three months from the first publication of the Notice to Creditors.

More than one family member can submit a claim if each person has their own unpaid services or out-of-pocket expenses, but each claimant should file a separate, written claim with clear documentation and a specific amount.

Understanding the Problem

Under North Carolina probate administration, a common question is: when a family member provided hands-on care or paid expenses during a decedent’s life, how and when can a claim be submitted to the estate for payment, and can another relative who also provided round-the-clock care submit a separate claim as well? The decision point is whether the caregiving and reimbursement request must be treated as a formal claim against the estate during the creditor-claims period administered by the personal representative and overseen by the Clerk of Superior Court.

Apply the Law

North Carolina generally requires anyone seeking payment from estate assets (other than as an heir/devisee distribution) to present a creditor claim. The personal representative (executor/administrator) is the person who receives, evaluates, and decides whether to allow, dispute, or reject claims, and the estate administration is supervised in the estate file with the Clerk of Superior Court in the county where the estate is pending. For most claims that arose before death, North Carolina uses a creditor-claims deadline tied to the estate’s published Notice to Creditors (often described as a three-month claims period from first publication, with special rules for certain known creditors who receive mailed notice).

Key Requirements

Timely presentment: The claim must be presented within the applicable estate-claims deadline (commonly three months from the first publication of the Notice to Creditors for claims that arose before death; other deadlines can apply to claims that arise at or after death).
Written claim with required information: The claim should be in writing and state (1) the amount (or the specific items/relief requested), (2) the basis for the claim (care services and/or reimbursement of identified expenses), and (3) the claimant’s name and address.
Proper delivery/filing method: The claim must be delivered to the personal representative or filed with the Clerk of Superior Court in the county where the estate is pending using one of the methods permitted by statute (including in-person delivery, mail, or certified/registered mail to the personal representative at the address stated in the Notice to Creditors).

What the Statutes Say

N.C. Gen. Stat. Chapter 28A, Article 19 (Claims Against Decedents’ Estates) – Sets the form, presentment methods, and time limits that generally apply to claims for services and reimbursement against an estate.
N.C. Gen. Stat. § 1-22 (Death before limitation expires; action by or against personal representative) – Ties certain lawsuits against an estate to timely presentment under the estate claims statute.

Analysis

Apply the Rule to the Facts: When no specific facts are available, the practical approach is to treat caregiving pay requests and reimbursement requests as creditor claims and to submit them in writing during the estate’s creditor-claims period. If two relatives both provided care and both remained unpaid, North Carolina probate practice typically expects each person to present their own claim with a distinct amount, dates/services, and receipts or logs supporting what is being requested. The personal representative then decides whether to allow the claims, ask for more proof, or reject them.

Process & Timing

Who files: Each person seeking payment (each caregiver and/or reimbursing family member) files their own claim. Where: Present the claim to the estate’s personal representative (executor/administrator) or file it with the Clerk of Superior Court in the county where the estate administration is pending. What: A written claim stating the amount, the basis (caregiving services and/or reimbursement), and the claimant’s contact information; attach supporting documents (care logs, receipts, invoices). When: For most pre-death claims, file within the creditor period stated in the Notice to Creditors—commonly three months from the date of first publication—and meet any earlier deadline stated in the notice.
Review and proof: The personal representative reviews the claim and may request additional proof, including a sworn statement confirming the claim remains due, what (if anything) has been paid, and whether any offsets exist.
Decision and next steps: If the personal representative allows the claim, payment usually occurs during administration (often after the creditor period expires, unless the personal representative is satisfied the estate can pay all claims). If the personal representative rejects the claim, North Carolina sets a short window to file a lawsuit after written notice of rejection.

Exceptions & Pitfalls

Different deadlines depending on when the claim arose: North Carolina has different timing rules for claims that arise at or after death versus claims that existed before death, so the “standard” three-month creditor period is not the only deadline that can apply.
Family-care claims often need strong documentation: A caregiving claim should clearly separate (a) out-of-pocket expenses (reimbursement supported by receipts) from (b) time-based services (supported by care logs and a clear rate or method used to calculate the amount). Blended, undocumented requests are more likely to be disputed.
One claim per claimant: If two relatives provided care, combining everyone’s work into one person’s claim can create proof and authority problems. Separate claims usually reduce disputes and make it easier for the personal representative to evaluate each request.
Notice and rejection consequences: If the personal representative rejects a claim in writing, North Carolina requires a timely court action to preserve it. Waiting too long after a written rejection can bar the claim even if the original claim was submitted on time.
Delivery mistakes: A claim should be delivered using a method the statute permits (often certified/registered mail to the address in the notice, or filing with the Clerk). Informal emails or texts to family members may not count as proper presentment.

Conclusion

In North Carolina, a request to be paid for caregiving services or reimbursed for expenses is typically handled as a creditor claim against the estate. The claim should be in writing, state a specific amount, explain the basis, and be properly presented to the personal representative or filed with the Clerk of Superior Court in the county where the estate is pending. More than one caregiver can submit a claim, but each claimant should file separately. The key next step is to present the written claim by the deadline in the Notice to Creditors, commonly three months from first publication.

Talk to a Probate Attorney

If there is a dispute about paying family caregivers or reimbursing expenses from an estate, experienced attorneys can help explain the creditor-claim steps, required proof, and deadlines in North Carolina probate. Call 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.