Short Answer

Yes, but the claim must be presented correctly and on time. In North Carolina, a creditor must submit a written claim to the estate’s personal representative (or the clerk if allowed) within the claims window that starts after the estate publishes notice to creditors. If the child support arrears were reduced to a docketed judgment lien, you may enforce the lien differently. Who may file the claim depends on who legally owns the arrears (your mother, her estate, or an assignee).

Understanding the Problem

North Carolina; a child of the decedent wants to know if they can claim unpaid child support from the father’s estate. The key decision: can the child file, or must the mother (as creditor) or her estate file? Timing matters because no probate has been opened yet.

Apply the Law

North Carolina requires creditors to present claims in writing during the estate’s claims period. A claim must state the amount, basis, and the claimant’s contact information, and be delivered to the personal representative (PR) or filed with the clerk in the county where the estate is pending. Past‑due child support installments are treated as judgments by operation of law; if docketed as liens, they may be enforced as judgment liens. If no estate is open, someone must ask the Clerk of Superior Court to appoint a PR (or, in limited cases, a limited PR to publish notice) so the claims process can run.

Key Requirements

• Standing to claim: The creditor is the person or entity owed the support (usually the mother, the child support agency, or the PR of the mother’s estate). The child files only if they are the assignee or the PR of the creditor’s estate.
• Written presentment: State the amount due, the basis (child support arrears), and claimant’s name/address; deliver to the PR or file with the clerk where the estate is open.
• Deadlines (non‑claim bar): Present by the date in the published notice (at least 3 months after first publication), or within 90 days of personal notice if that expires later. If no notice is published within three years of death, most pre‑death claims are barred.
• If the claim is rejected: You must file a civil action within three months after written rejection or the claim is barred.
• Priority and payment: Docketed judgment liens have higher priority than general unsecured claims. Undocketed arrears are paid after higher‑priority items if assets remain.
• Assets reachable: The PR uses probate assets first; if needed, may seek to sell real property to pay debts and can pursue certain survivorship/POD funds for claims.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-19-1 (How to present a claim) – Written claim with amount, basis, and delivery to PR or clerk.
• North Carolina Gen. Stat. § 28A-19-3 (Non‑claim bar) – Deadlines for pre‑death and post‑death claims; three‑year outer bar if no notice published.
• North Carolina Gen. Stat. § 50-13.10 (Child support arrears as judgments) – Unpaid installments vest and may be enforced as judgments.
• North Carolina Gen. Stat. § 28A-15-1 (Estate assets available to pay claims) – Estate property is available to discharge debts and claims.

Analysis

Apply the Rule to the Facts: Your mother is the creditor for unpaid child support; she (or the child support agency) must present the claim. If your mother is deceased, her personal representative can file; you can file only if you’re her PR or you received a written assignment. Because no estate is open, someone must ask the Clerk of Superior Court to appoint a PR. The spouse’s post‑death quitclaim deed does not defeat creditor rights; real property can still be reached through the estate process, and any inheritance owed to your father from a pending estate becomes an asset available to pay claims.

Process & Timing

1. Who files: The creditor (your mother, her PR, or assignee). Where: Clerk of Superior Court in the North Carolina county of the decedent’s domicile. What: Open the estate (Application for Letters of Administration or Letters Testamentary as applicable) and present a written claim stating amount, basis, and contact info; deliver to the PR or file in the estate with the clerk. When: Present by the date in the published notice to creditors (at least three months after first publication) or within 90 days after personal notice if later.
2. If no one opens the estate, petition the clerk to appoint a PR. If you only need to trigger the claims window, you may seek appointment of a limited PR to publish notice; then submit the claim within the notice period. The PR will accept, reject, or refer the claim.
3. If the PR rejects the claim, file a civil action within three months of written rejection. If allowed, the PR pays according to statutory priority and may sell real property or pursue non‑probate funds if needed to satisfy allowed claims.

Exceptions & Pitfalls

• Standing: The child cannot file the mother’s claim unless acting as the mother’s PR or assignee; if the IV‑D agency is involved, it may control enforcement.
• Judgment liens: If arrears were reduced to a docketed judgment lien, enforcement follows judgment lien rules and is not subject to the estate’s claim‑presentment bar that applies to unsecured claims.
• Rejection deadline: If the PR issues a written rejection, you must sue within three months or lose the claim.
• Real estate transfers: Post‑death deeds by heirs or a spouse typically do not cut off creditor rights; the PR can still subject real property to claims through the proper proceeding.
• Non‑probate assets: Some accounts with survivorship or POD designations can be reached by the PR if estate assets are otherwise insufficient to pay claims.

Talk to a Probate Attorney

If you’re dealing with unpaid child support and a North Carolina estate with no PR yet, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to discuss your next steps.

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.