Short Answer

In North Carolina, a personal representative must publish a “Notice to Creditors” once a week for four consecutive weeks in a qualifying local newspaper and mail a copy to all known or reasonably ascertainable creditors within 75 days after receiving letters. The notice must list a mailing address and a claim deadline at least three months from the first publication date. File a copy of the notice, the newspaper’s affidavit of publication, and the Affidavit of Notice to Creditors (AOC‑E‑307) with the Clerk of Superior Court when the three‑month inventory is due.

Understanding the Problem

You are the personal representative in a North Carolina estate and need to properly publish the Notice to Creditors so claims are time‑barred. You also must file the Affidavit of Notice to Creditors and the newspaper’s Affidavit of Publication with the Clerk of Superior Court. One key fact here: the inventory was returned for missing affidavits, and your hearing is being postponed to allow time to submit them.

Apply the Law

North Carolina law requires two coordinated steps: publication to reach unknown creditors and mailed notice to known or reasonably ascertainable creditors. The ad must run weekly for four straight weeks in a newspaper qualified to publish legal notices in the county. The mailed notices must go out within 75 days after you receive letters and include any creditor the personal representative actually knows about or can find with reasonable effort. Proof of what you did is filed with the Clerk when your three‑month inventory is due.

Key Requirements

• Publish the notice weekly for four weeks: Use a qualifying newspaper in the county; the notice must include your mailing address and set a claim deadline at least three months after first publication.
• Mail personal notices within 75 days: Send to all known or reasonably discoverable creditors, and to the Division of Health Benefits if the decedent received Medicaid.
• Track claim deadlines: Creditors must present claims by the date in the ad; any creditor who receives mailed notice gets at least 90 days from mailing if that ends later.
• File proof with the inventory: File a copy of the ad, the newspaper’s affidavit of publication, and the Affidavit of Notice to Creditors (AOC‑E‑307) with the Clerk of Superior Court when your three‑month inventory is filed.
• If no qualifying local newspaper exists: Follow the statute’s alternative posting/publication options (courthouse posting and additional postings, or general‑circulation publication plus postings).

What the Statutes Say

• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – Requires publication in a qualifying newspaper and mailed notice to known/ascertainable creditors within 75 days; sets content and timing.
• North Carolina Gen. Stat. § 28A-14-2 (Proof of notice) – Requires filing a copy of the notice, the publisher’s affidavit, and an affidavit showing mailed notices with the inventory.
• North Carolina Gen. Stat. § 28A-19-3 (Bar of claims) – Bars claims not presented by the published date or, if later, within 90 days after mailing to that creditor; lists exceptions.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory within three months) – Sets the three‑month inventory deadline that aligns with filing proof of notice.

Analysis

Apply the Rule to the Facts: Because your inventory was returned for missing affidavits, complete publication in a qualifying newspaper once a week for four weeks and ensure the notice lists your mailing address and a claim date at least three months after the first run. Mail notices to all known/ascertainable creditors within 75 days of your letters (and to the Division of Health Benefits if applicable), noting any creditor’s 90‑day-from-mailing deadline. Then file the copy of the ad, the publisher’s affidavit, and AOC‑E‑307 with your three‑month inventory so the Clerk can accept it.

Process & Timing

1. Who files: Personal Representative. Where: Clerk of Superior Court, Estates Division, in the county where you were appointed. What: Publish the Notice to Creditors; mail personal notices; later file AOC‑E‑307 (Affidavit of Notice to Creditors), the newspaper’s Affidavit of Publication, and a copy of the ad. When: Publish weekly for four consecutive weeks; mail personal notices within 75 days after letters; file proofs with your inventory due three months after qualification.
2. After the fourth publication, obtain the publisher’s affidavit. As mailed notices go out, track each creditor’s 90‑day-from-mailing deadline if it ends after the published deadline. County formatting and newspaper lead times vary—build in a few extra days when scheduling.
3. File your inventory and the proofs of notice together. The Clerk records them; you then review and accept, compromise, or reject any claims per the statutory claims process.

Exceptions & Pitfalls

• Wrongful death–only estates: If the estate’s only asset is a wrongful death claim, publication is not required.
• Use a qualifying newspaper: Confirm the paper is authorized for legal ads in the county; if none exists, follow the statute’s alternative posting/publication method.
• Content errors: Don’t omit your mailing address or a clear claim deadline; the deadline must be at least three months from first publication.
• Medicaid notice: If the decedent received Medicaid, send notice to the Division of Health Benefits within the 75‑day window.
• Multiple fiduciaries: Once proper notice is published/mailed, a successor PR or collector does not re‑publish or re‑mail.
• Late claims filing: The Clerk may still accept a creditor’s late filing for the record, but the PR decides if it’s barred; keep careful proof of publication and mailing.

Talk to a Probate Attorney

If you’re dealing with North Carolina notice to creditors, affidavits of publication, and filing proofs with the Clerk, our firm has experienced attorneys who can help you understand your options and 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.