Short Answer

In North Carolina, you may assert a creditor claim against the decedent’s estate for unpaid lot rent and utilities. Pre‑death charges must be presented by the estate’s published deadline; post‑death charges that arise after death must be presented within six months of when each charge arises. Heirs are not personally liable unless they agree in writing to assume the debt or a court orders it; your claim is against the estate.

Understanding the Problem

North Carolina: As a mobile home community manager, can you recover unpaid lot rent and utility bills from the decedent’s estate when the resident died and their home still sits on the lot? The key is how to make a proper estate claim, when to file it, and what happens if no personal representative responds.

Apply the Law

Under North Carolina probate law, a creditor must present a written claim to the estate in the proper way and on time. Claims that existed before death follow the estate’s published notice deadline, while claims that arise after death have a shorter six‑month window. The Clerk of Superior Court accepts claim filings for an open estate and mails notice to the personal representative at your expense; payment priority follows a statutory order, and general rent and utility claims are typically paid with other unsecured claims.

Key Requirements

• Written presentment: Your claim must be in writing, state the amount and basis (lot rent, utilities), and include your name and address. Deliver it to the personal representative or, if the estate is open, file it with the Clerk of Superior Court for the estate file.
• Deadlines: Pre‑death charges must be filed by the date in the estate’s published notice to creditors (at least three months from first publication). Post‑death charges not based on a new agreement with the personal representative must be presented within six months after each charge arises.
• Where to file: File with the personal representative at the address in the notice to creditors, or with the Clerk of Superior Court in the county where the estate is pending (the clerk then mails it to the personal representative at your expense).
• Priority of payment: After administration costs and higher‑priority claims are paid, general unsecured claims like rent and utilities are paid pro rata with other unsecured creditors if funds remain.
• Heirs’ liability: Heirs are not personally liable for the decedent’s debts unless they formally assume the obligation; your recourse is the estate. If your claim is rejected, you must file suit within three months of written rejection or the claim is barred.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-19-1 (Presenting a claim) – Written claims; how and where to deliver or file.
• North Carolina Gen. Stat. § 28A-19-3 (Deadlines to present claims) – Nonclaim bars for pre‑death and post‑death claims.
• North Carolina Gen. Stat. § 28A-19-6 (Order of payment) – Priority classes; general unsecured claims are paid after higher‑priority items.
• North Carolina Gen. Stat. § 28A-25-7 (Removing a deceased residential tenant’s property) – Affidavit process for landlords of dwelling units; an alternative to summary ejectment in limited circumstances.

Analysis

Apply the Rule to the Facts: Unpaid lot rent and utilities accrued before death are standard creditor claims; present them in writing by the date in the published notice to creditors. Because the mobile home remains on your lot, ongoing lot rent and utility charges arise after death and, unless the personal representative agrees to a new contract with you, each such charge must be presented within six months after it arises. Expect these to be treated as general unsecured claims and paid after higher‑priority estate expenses if funds allow.

Process & Timing

1. Who files: The mobile home community (creditor). Where: Deliver the written claim to the personal representative at the address in the notice to creditors, or file it with the Clerk of Superior Court in the county where the estate is pending. What: A written claim stating the amount, basis (lot rent, utilities), and your contact information; attach invoices and account history. When: File pre‑death charges by the published notice deadline; present post‑death charges within six months after each charge arises.
2. The personal representative reviews and either allows or rejects the claim. This review commonly occurs after the claim period closes; county timelines vary.
3. If the claim is rejected, you must commence a civil action to recover within three months of written rejection. If allowed and funds are available, payment will occur based on the statutory priority order.

Exceptions & Pitfalls

• If no estate appears open, monitor for filings; once an estate is pending, file promptly. The clerk can accept your claim into the estate file and mail it to the personal representative.
• Do not move or dispose of the mobile home without legal authority. The deceased‑tenant property affidavit process applies to landlords of dwelling units and may not cover a tenant‑owned manufactured home on a rented lot; summary ejectment or other specific procedures may be required.
• If the personal representative asks you to continue services, consider a short written agreement; post‑death charges based on a contract with the personal representative still must be presented timely.
• Priority matters: rent and utilities are typically general unsecured claims. If the estate is insolvent, you may receive only a pro rata share.
• If you receive written rejection, the three‑month lawsuit deadline is strict; missing it bars recovery on that claim.

Talk to a Probate Attorney

If you’re dealing with unpaid lot rent and utilities after a resident’s death and need to protect your rights and timelines, 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.