What kind of proof do I need to show I provided caregiving and should be compensated? – North Carolina

Short Answer

In North Carolina, getting paid from a deceased person’s estate for caregiving usually requires proof that (1) valuable services were provided, (2) the services were not intended as a gift, and (3) the decedent (or the estate) should fairly pay for them. The strongest proof is a written agreement, but many valid claims rely on a clear paper trail (texts, calendars, receipts) and third-party witnesses. Timing also matters: a caregiver typically must present a creditor claim to the personal representative within the estate’s creditor-claim deadline after notice to creditors is published.

Understanding the Problem

When a person in North Carolina provides ongoing caregiving to a neighbor for years and the neighbor later dies without a will, the key question is what proof shows the caregiving was a compensable arrangement rather than informal help. The decision point is whether the evidence supports a claim that the services were provided with an expectation of payment and that payment is owed from the estate through the personal representative and the Clerk of Superior Court’s estate process.

Apply the Law

In North Carolina, a caregiver who is not paid during the person’s lifetime may be able to seek payment from the estate as a creditor. These cases are often framed as an agreement to pay (express or implied) or, if there was no clear agreement, a claim for the reasonable value of services where it would be unfair for the estate to keep the benefit without paying. Practically, the claim is handled through the estate administration overseen by the Clerk of Superior Court, and it must be presented to the personal representative within the creditor-claim time limits set by North Carolina probate law.

Key Requirements

Proof the services were actually provided: Records showing what caregiving was done, how often, and for how long (not just general statements like “helped a lot”).
Proof the services were provided with an expectation of payment: Evidence that the caregiving was not meant as a gift or casual neighborly help, such as discussions about pay, promises to “take care of” the caregiver, or a pattern of partial payments.
Proof of value and fairness: Information supporting a reasonable dollar value for the work and showing the decedent benefited from it (for example, the care replaced paid home-care services or allowed the decedent to remain at home).

What the Statutes Say

N.C. Gen. Stat. § 1-22 (Death and claims; tying lawsuits to the estate claim deadline) – If a person who could be sued dies, the claim generally must be presented to the personal representative within the probate claim period referenced in this statute.
N.C. Gen. Stat. § 1-49(2) (Outside time limit for certain creditor actions) – Provides an outside limitation rule for certain creditor actions tied to the estate’s notice process when a creditor does not receive personal written notice.

Analysis

Apply the Rule to the Facts: Here, the caregiving lasted for multiple years and the person receiving care has died intestate (without a will). The estate will likely treat the caregiver as a creditor, so the proof needs to show (1) what services were provided over time, (2) why those services were not a gift, and (3) what a reasonable value is for those services. Because the caregiver was a neighbor (not a spouse or child), the evidence often focuses on communications, consistency of care, and third-party confirmation rather than family expectations.

What proof usually helps most in a caregiving claim

A written agreement (best if it exists): Any signed caregiver contract, letter, or even a simple written note describing duties and pay. If there is no formal contract, any writing showing agreed pay terms still helps.
Texts, emails, and voicemails: Messages where the decedent asks for care, thanks the caregiver for specific tasks, discusses payment, or acknowledges a debt. Messages with family members can also help if they confirm the arrangement.
A caregiving log or calendar: A dated record showing visits, hours, tasks (meals, bathing, medication reminders, transportation, housekeeping). A log created during the caregiving period is usually stronger than one recreated after death.
Receipts and out-of-pocket expense records: Mileage logs, pharmacy receipts, grocery receipts, medical-supply purchases, home-safety items, or invoices paid on the decedent’s behalf. Notes tying each receipt to the decedent matter.
Proof of the decedent’s condition and need: Appointment cards, discharge instructions, home health notes, or other records showing the level of assistance needed (without over-sharing private medical details beyond what is necessary).
Third-party witnesses: Neighbors, friends, clergy, or service providers who saw the caregiver providing regular care, heard the decedent talk about paying, or observed the decedent’s reliance on the caregiver.
Any partial payments or consistent financial pattern: Checks, bank transfers, or cash-withdrawal patterns tied to caregiving. Even irregular payments can support that the relationship was “work,” not a gift.
Reasonable value support: Notes about typical market rates for similar non-medical caregiving in the area, or invoices from comparable services, to help justify the amount claimed.

Process & Timing

Who files: The caregiver (as a creditor). Where: With the estate’s personal representative (executor/administrator) for the North Carolina estate opened with the Clerk of Superior Court in the county where the estate is administered. What: A written creditor claim describing the services, dates, and amount requested, with supporting documents attached when possible. When: Typically within the deadline stated in the estate’s published notice to creditors (often a short window after first publication), or the claim can be barred.
Next step: The personal representative may allow the claim, negotiate it, or deny it. If the claim is disputed, it may move into a contested estate proceeding before the Clerk of Superior Court, and in some situations may be transferred to Superior Court depending on the issue and procedure.
Final step: If allowed, the claim is paid in the normal course of estate administration (often after higher-priority expenses). If denied, the caregiver may need to file the appropriate action within the required time to preserve the claim.

Exceptions & Pitfalls

“It was just helping out” arguments: Estates often argue the care was voluntary. Detailed logs, corroborating witnesses, and any payment-related communications help rebut that.
Vague claims without dates and duties: A claim that does not identify the timeframe, tasks, and basis for the amount requested is easier to deny. A clear timeline and itemization usually improves credibility.
Waiting too long after death: Probate deadlines can run quickly once the estate publishes notice to creditors. Delays can eliminate leverage or bar the claim entirely.
Mixing “services” with “gifts”: If the caregiver also received gifts or free housing, the estate may argue those were payment. Keeping records that separate gifts from compensation expectations helps.
Expecting payment directly from property: In most cases, payment comes through the estate administration process, not by simply taking or placing a lien on property without proper procedure.

Conclusion

In North Carolina, a caregiver seeking compensation from a deceased neighbor’s estate generally needs proof that caregiving services were actually provided, that they were provided with an expectation of payment (not as a gift), and that the amount requested reflects a reasonable value for the benefit received. The practical next step is to prepare a written creditor claim with supporting records (messages, logs, receipts, and witnesses) and present it to the estate’s personal representative before the creditor-claim deadline in the estate’s notice to creditors.

Talk to a Probate Attorney

If there is a question about getting paid for caregiving after someone dies without a will, our firm has experienced attorneys who can help evaluate the proof, prepare a proper creditor claim, and track the probate timelines. Call us 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.