What steps should I take if the healthcare provider doesn’t respond to requests about withdrawing or pursuing a claim? – North Carolina

Short Answer

In North Carolina, once a creditor’s claim is properly filed in the estate, it remains on file unless you withdraw it in writing or it is resolved by the personal representative (PR) or by court action. If your client (the healthcare provider) is not responding, keep the claim in place, document your efforts, and calendar the key deadline: if the PR issues a written rejection, you have three months to file a civil action. If you later obtain authority to withdraw, file a written withdrawal with the PR and the Clerk of Superior Court.

Understanding the Problem

You are a creditor representative in North Carolina probate who filed a written claim for a decedent’s unpaid medical bill and twice asked the healthcare provider for approval to withdraw the claim, but received no response. You want to know whether to close the claim now or press forward with collection.

Apply the Law

Under North Carolina law, a creditor presents a claim in writing to the personal representative or the clerk, and the PR decides whether to allow, negotiate, or reject it. A claim that is rejected in writing must be pursued in a civil action within three months of that written rejection, or it is barred. If the claim is contingent or unliquidated, the creditor can ask the Clerk of Superior Court to set aside funds or determine value. A creditor may also withdraw its claim by written notice to the PR (and, if filed with the clerk, in the estate file). The main forum for a lawsuit on a rejected claim is the General Court of Justice (trial division), not the clerk’s office.

Key Requirements

• Proper presentment: File a written claim stating the amount, basis, and creditor’s address by delivering it to the PR or the clerk.
• Watch the non-claim bar: Claims must be filed within the notice-to-creditors window; late claims are generally barred.
• Rejection triggers the lawsuit clock: After a written rejection, you must sue within three months or lose the claim.
• Contingent/unliquidated claims: You can petition the clerk to reserve funds or set value if the amount is not yet fixed.
• Withdrawal is by written notice: If authorized, send written withdrawal to the PR and file it in the estate file so the clerk and PR can close it out.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-19-1 (Presenting a claim) – Sets the form and methods to present a creditor’s claim.
• North Carolina Gen. Stat. § 28A-19-3 (Non-claim bar) – Bars untimely claims after published/personal notice periods.
• North Carolina Gen. Stat. § 28A-19-16 (Action after rejection) – Requires filing a civil action within three months of written rejection.
• North Carolina Gen. Stat. § 28A-19-5 (Contingent/unliquidated claims) – Allows clerk-approved methods to handle claims not yet fixed.

Analysis

Apply the Rule to the Facts: Your claim is already on file, so it remains pending unless withdrawn or resolved. Because the healthcare provider has not authorized withdrawal, keep the claim in place and monitor for any written rejection from the PR—if one arrives, the three-month lawsuit deadline begins. If the bill amount is uncertain or depends on insurance adjustments, consider a petition to the clerk to reserve funds or set value until it becomes final.

Process & Timing

1. Who files: Creditor representative. Where: Clerk of Superior Court (Estates Division) in the county where the estate is pending. What: Maintain your written claim; if authorized later, file a written “Notice of Withdrawal of Claim” to the PR and in the estate file. When: Immediately file the withdrawal once you have client approval; otherwise, leave the claim on file.
2. If PR rejects the claim in writing: Calendar the deadline and within three months commence a civil action in the trial division of the General Court of Justice to recover on the claim. Include the estate’s PR as defendant and attach/describe the claim and rejection letter.
3. If the claim is contingent/unliquidated: File a petition in the estate proceeding asking the clerk to value the claim or order the PR to reserve sufficient funds under the contingent-claim statute; the clerk will set a hearing and issue an order.

Exceptions & Pitfalls

• If your claim was not presented within the published or personal notice window, it may already be barred—verify the notice dates before withdrawing or suing.
• A written rejection starts the three-month clock even if your client is unresponsive—do not wait for internal approval to calendar and act.
• Use the creditor’s correct mailing address on the claim so you receive any rejection or settlement correspondence; keep proof of presentment.
• Medical bills tied to a wrongful death recovery may be handled separately with clerk approval and statutory limits; coordinate with the PR before withdrawing if such proceeds are expected.

Talk to a Probate Attorney

If you’re dealing with a silent healthcare provider and a pending creditor claim in a North Carolina estate, 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.