Short Answer

Yes—under North Carolina law a co-heir may claim unpaid caretaker fees as a creditor, but only if the claim is properly presented by the creditor deadline and supported by proof. Family caregiving is often presumed to be unpaid unless there was an agreement or a clear expectation of payment. If the claimant is also the personal representative, the Clerk of Superior Court will require a neutral process or court review. Allowed claims are paid by statutory priority and do not automatically block a co-owner’s right to seek partition of the home.

Understanding the Problem

In North Carolina, can an uncle who lives in the family home file a creditor claim against the open estate for caretaker fees, while also sharing a 50/50 ownership with your parent and refusing a buyout? One key fact: the uncle says he’s the executor, but the family doesn’t know if he actually qualified.

Apply the Law

In North Carolina, creditor claims against an estate must be in writing, state the amount and basis, and be delivered to the personal representative (PR) or filed with the Clerk by the deadline in the published notice to creditors. The PR reviews and either allows or rejects the claim. If rejected, the claimant must sue within three months of written rejection or the claim is barred. Caregiver claims by close family are closely scrutinized and generally require proof of an agreement or mutual expectation of payment. The Clerk of Superior Court oversees estate proceedings; disputes can be heard there, and some matters may be transferred to Superior Court. Partition to divide or sell co-owned real estate is a separate special proceeding before the Clerk and can move forward while the estate is open, though sale proceeds may be used to satisfy allowed estate debts.

Key Requirements

• Timely, written presentment: The caregiver must file a written claim stating the amount, basis, and claimant’s contact information by the notice-to-creditors deadline.
• Proof of an actual debt: Family caregiving is often presumed gratuitous; the claimant should show an agreement or contemporaneous expectation of payment and the reasonable value of services.
• Conflict handling if PR is claimant: A PR cannot unilaterally approve their own claim; court oversight or a neutral PR is typically required.
• Allow/deny and lawsuit window: If the PR rejects the claim, the claimant must start a lawsuit within three months of written rejection.
• Priority and payment: Caretaker claims are usually general unsecured claims paid only after higher-priority expenses; if assets are insufficient, such claims may be unpaid or only partly paid.
• Separate from partition: Co-owners may seek partition; the Clerk can account for taxes/insurance and other contributions, and sale proceeds may satisfy allowed estate debts first.

What the Statutes Say

• N.C. Gen. Stat. § 28A-19-1 (Presentation of claims) – Claims must be in writing and presented to the PR or Clerk by approved delivery methods.
• N.C. Gen. Stat. § 28A-19-3 (Deadline to present claims) – Claims not presented by the notice deadline (or 90 days after personal notice, if later) are barred.
• N.C. Gen. Stat. § 28A-19-16 (Action on rejected claims) – After rejection, the claimant must sue within three months or lose the claim.
• N.C. Gen. Stat. § 28A-19-6 (Order of payment) – Sets the priority classes for paying claims; general claims are paid after higher-priority expenses.

Analysis

Apply the Rule to the Facts: The uncle must file a written claim by the notice-to-creditors deadline and include the amount and basis (caretaker services). Because he’s a close family member who lived in the home, he will need clear proof there was an agreement or a mutual expectation of payment when the services were provided. If he truly is the PR, he cannot approve his own claim; the Clerk will expect a neutral process or court review. His oversized claim does not block partition; at most, if any part is allowed, it will be treated and paid according to statutory priority, and sale proceeds from a partition could help satisfy it.

Process & Timing

1. Who files: The caregiver files a creditor claim. Where: Deliver to the personal representative or file with the Clerk of Superior Court in the county where the estate is pending. What: A written claim stating amount, basis, and claimant contact; deliver as permitted by statute. When: By the date stated in the published notice to creditors (and within 90 days of personal notice if given and that date is later).
2. If the PR rejects the claim, the claimant has three months from written rejection to file a lawsuit to enforce it. The PR typically waits until after the claims period to pay allowed claims and must follow the statutory order of priority.
3. Partition: Any co-owner may file a partition special proceeding with the Clerk of Superior Court in the county where the property lies. If it is heirs’ property, expect an appraisal-first process and a potential buyout opportunity before any sale. The final outcome is either division in kind or an order of sale with proceeds distributed after paying valid liens and charges.

Exceptions & Pitfalls

• Missed deadlines: Late claims are barred; missing the three-month window after rejection also bars the claim.
• PR conflicts: A PR cannot self-approve their own claim—seek court oversight or appointment of a neutral PR.
• Family-care presumption: Courts often presume family caregiving is unpaid absent an agreement; keep contemporaneous records and proof of promised compensation.
• Occupant accounting: In partition, expect credits for taxes/insurance and necessary repairs and potential offsets tied to exclusive occupancy; keep receipts.
• Authority check: “Claiming” to be executor is not enough; verify Letters were issued. If no PR exists, someone qualified can seek appointment (including a limited PR) to issue notice to creditors and move administration forward.

Talk to a Partition Action Attorney

If you’re dealing with a co-heir living in the home who is demanding caretaker fees and blocking a buyout or sale, 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.