Short Answer

In North Carolina, a power of attorney ends at death, so you are not personally liable for the estate’s debts and you had no duty as “POA” to open probate. If you paid the decedent’s bills from your own pocket, you can usually seek reimbursement from the estate, but payment depends on available assets and the statutory order of claims. You should not withhold a will; any interested person may file it with the Clerk of Superior Court.

Understanding the Problem

You served as the decedent’s power of attorney in North Carolina, did not open probate after death, and then paid nursing home costs, bills, and taxes from your personal funds. You want to step away and are concerned about your liability for not initiating probate and whether the decedent’s wishes under a recently executed online will will be honored.

Apply the Law

Under North Carolina law, an agent’s authority under a power of attorney ends at the principal’s death. Estate administration then belongs to a court‑appointed personal representative (PR), not the former agent. The Clerk of Superior Court is the probate authority. North Carolina allows any interested person to offer a will for probate if the named executor does not act within a set period, and only a qualified PR may publish notice to creditors and pay claims, which must be paid in a statutory priority order. If you paid debts personally, you may present a claim for reimbursement, subject to available assets and statutory priority. Acts taken before appointment that benefit the estate can be validated if you later qualify as PR.

Key Requirements

• POA ends at death: Your authority as agent stops when the principal dies; you aren’t liable as “POA” for the estate’s unpaid debts.
• Who may probate the will: If the named executor doesn’t apply within 60 days of death, any interested person may offer the will after giving 10 days’ notice to the named executor.
• Only a PR pays claims: A court‑appointed PR publishes notice to creditors and pays allowed claims in the statutory order.
• Reimbursement claims: A person who paid the decedent’s obligations from personal funds may present a claim to the estate; payment depends on assets and claim priority.
• Forum and timing: File with the Clerk of Superior Court in the county of the decedent’s domicile; the creditors’ window runs at least three months from first publication.
• Relation back: Beneficial acts taken before appointment may be validated if you later qualify as PR.

What the Statutes Say

• N.C. Gen. Stat. § 28A‑2A‑1 (Executor may apply to probate will) – Named executor may offer a will for probate; if not, others may act later.
• N.C. Gen. Stat. § 28A‑2A‑2 (Interested person may apply) – An interested person can offer a will if the executor does not apply within the statutory time after death.
• N.C. Gen. Stat. § 28A‑13‑1 (Commencement of PR’s duties) – PR’s powers begin on appointment and may relate back to validate beneficial pre‑appointment acts.
• N.C. Gen. Stat. § 28A‑19‑6 (Order of payments) – Sets the priority for paying claims and expenses from the estate.

Analysis

Apply the Rule to the Facts: Because a power of attorney ends at death, you had no ongoing duty as “POA” to open probate or pay debts from estate funds. You paid bills from your personal funds, so you did not act under the POA after death; that avoids typical agent‑liability issues. To seek reimbursement, an estate must be opened so a PR can receive and evaluate your claim; repayment will depend on estate solvency and the statutory payment order. Not filing the will does not create personal liability, but the safer practice is to lodge or offer it with the Clerk so the decedent’s wishes can be addressed through probate.

Process & Timing

1. Who files: You or any interested heir/devisee. Where: Clerk of Superior Court in the North Carolina county where the decedent lived. What: File the will and, if administration is needed, apply for Letters using AOC‑E‑201 (Application for Probate and Letters). If full administration isn’t needed immediately but claims should be managed, request appointment of a limited personal representative to publish notice to creditors. When: If the named executor has not applied within 60 days of death, an interested person may proceed after giving 10 days’ notice to the named executor.
2. After Letters issue, the PR publishes notice to creditors and mails notice to known or reasonably ascertainable creditors. The claim period runs at least three months from first publication; county practice and newspaper lead times vary.
3. When the claim window closes, the PR allows or rejects claims, pays allowed claims in statutory order, and later files a final account. If assets permit, your reimbursement claim is paid according to priority before closing.

Exceptions & Pitfalls

• Do not use the POA or access the decedent’s accounts after death; an agent’s authority ends at death and post‑death transactions can create personal liability.
• Withholding or concealing a will can lead to court orders to produce it and potential legal consequences; file or offer the will with the Clerk.
• Reimbursement is not guaranteed if the estate is insolvent; claims are paid by statutory priority, and lower‑priority claims may go unpaid.
• Keep receipts and proof of every bill you paid; the PR may require documentation before allowing your claim.
• Only a PR should pay estate claims from estate assets; paying outside the claims process can complicate administration.

Talk to a Probate Attorney

If you’ve paid a loved one’s bills after death and need to recover those funds or clarify next steps, our firm can help you understand options, priorities, and timelines. Call us today to discuss your situation.

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.