Short Answer

In North Carolina, life insurance and most retirement benefits transfer by the beneficiary form on file with the insurer or plan—not through the will or probate. If you do not know who is listed, the quickest way to move forward is to have a personal representative appointed so they can request the beneficiary records and file any claim. If no beneficiary is on file or the named beneficiary has died, the benefits typically pay to the estate or follow the plan’s default rules, and the personal representative will collect them.

Understanding the Problem

You want to know how to move life insurance or retirement assets when the beneficiary is unknown. In North Carolina, the key decision is whether someone with authority (a personal representative) needs to be appointed to obtain the beneficiary designation and, if needed, collect benefits for the estate. Here, the deceased ex-spouse died intestate and owned a mobile home and vehicle connected to North Carolina.

Apply the Law

Under North Carolina law, life insurance and retirement accounts are generally nonprobate assets that pass by beneficiary designation. Insurers and plan administrators will not disclose beneficiary information or process a claim for someone without legal authority. If no beneficiary is on record (or the beneficiary predeceased), the default payee is often the estate or the plan’s next-in-line under its documents. When the decedent was domiciled in another state but had property in North Carolina, the preferred approach is to appoint a domiciliary personal representative in the state of residence and, if needed, obtain ancillary letters in the North Carolina county where assets are located. A personal representative can then request the beneficiary designation on file, submit claims, and, if a dispute arises, address it through the courts. For employer retirement plans, federal law may require spousal consent for non-spouse beneficiaries; plan rules control timing and form of payment.

Key Requirements

• Authority to act: Get a personal representative appointed (domiciliary where the decedent lived; ancillary in NC if there are NC assets) so you can request beneficiary records and file claims.
• Verify beneficiary status: The PR contacts the insurer/plan administrator with the death certificate and letters to confirm the last beneficiary designation on file.
• Default payee if none named: If no beneficiary exists or the beneficiary died, the benefit usually pays to the estate or the plan’s default beneficiary per the policy/plan documents.
• Cross-state estates: If the decedent was not domiciled in NC, ancillary letters may be required in the NC county where property sits; the domiciliary PR has preference to serve here.
• Disputes: If multiple claims or unclear designations arise, expect the insurer/plan to require a court order or file an interpleader so a court can decide.

What the Statutes Say

• N.C. Gen. Stat. § 28A-6-1 (Application for letters) – sets out who applies and what an application must include.
• N.C. Gen. Stat. § 28A-26-3 (Ancillary letters for nonresident decedent) – governs ancillary appointments in NC and preference for the domiciliary PR.
• N.C. Gen. Stat. § 28A-14-1 (Notice to creditors) – requires the PR to publish and mail notice to creditors after qualifying.
• N.C. Gen. Stat. § 28A-15-10 (Recovery of certain nonprobate transfers) – allows limited recovery of nonprobate funds if needed to pay estate claims.

Analysis

Apply the Rule to the Facts: Because the decedent died without a will and owned a mobile home and vehicle tied to North Carolina, you will likely need an ancillary appointment here if the decedent was domiciled elsewhere. The personal representative (domiciliary or ancillary) can request the life insurance and retirement plan beneficiary forms, confirm whether anyone is named, and, if no beneficiary exists, make the claim on behalf of the estate. If a competing claimant appears, the insurer/plan may ask a court to resolve it.

Process & Timing

1. Who files: A person with priority (often an heir if no spouse) or the domiciliary personal representative. Where: Clerk of Superior Court in the NC county where the NC asset sits for ancillary, or in the county of domicile for a domiciliary estate. What: AOC-E-202 (Application for Letters of Administration) for intestate estates; appoint a resident process agent on AOC-E-500 if the PR lives out of state; expect bond unless waived by law. When: If a domiciliary PR exists, the Clerk gives them 14 days’ notice to apply for ancillary letters in NC before appointing someone else.
2. After letters issue, the PR sends the insurer/plan administrator a certified death certificate, the letters, and a written request for the beneficiary designation and claim forms; if no beneficiary is listed or the beneficiary predeceased, the PR submits the claim for the estate under the policy/plan default rules.
3. Upon payment, the PR deposits estate proceeds, lists them on the inventory, and administers claims. If there is a dispute or conflicting claim(s), the insurer/plan may seek a court order or file an interpleader; the PR responds in that proceeding.

Exceptions & Pitfalls

• Beneficiary designations control; if a valid beneficiary is on file, the benefit bypasses the estate even if the will or intestacy would give it to someone else.
• Employer retirement plans often require spousal consent to name a non‑spouse; federal law and plan documents govern who gets paid and when.
• Insurers and plan administrators typically will not release beneficiary information to family members without letters; obtain letters to avoid delays.
• If the decedent was domiciled outside NC, the domiciliary PR has preference for ancillary appointment here, and many Clerks require bond and a resident process agent for nonresident PRs.
• Unclear or conflicting designations can trigger interpleader; be prepared for a court to decide who is entitled.

Talk to a Probate Attorney

If you’re dealing with life insurance or retirement benefits and don’t know the beneficiary, 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.