Short Answer

In North Carolina, you can contest a life insurance payout to an ex-spouse by using the right procedure for the kind of policy and the proof you have. For a private policy, you can file a civil action for a declaratory judgment and ask the court to impose a constructive trust if evidence shows the decedent validly changed (or tried to change) the beneficiary. For an employer plan, federal law often requires the insurer to pay the last beneficiary on file, so you may instead pursue equitable relief against the recipient. Separately, opening an estate lets you claim spousal/child allowances and, if needed, an elective share that can require nonprobate beneficiaries to contribute.

Understanding the Problem

You’re a North Carolina surviving spouse asking: can I stop life insurance proceeds from going to my spouse’s former spouse after their divorce? One key fact: you know a signed beneficiary change form exists but it’s locked in an encrypted file you cannot access. You want to know what you can file, where, and when—without having opened a formal estate yet.

Apply the Law

North Carolina treats life insurance as a contract: insurers pay the last effective beneficiary on the policy unless a valid change is proven or a court orders otherwise. A divorce automatically revokes gifts to a former spouse in a will, but not necessarily on life insurance; employer plans are commonly governed by federal law requiring payment under the plan documents. If you need court involvement, North Carolina gives two main paths: (1) a civil action (typically in Superior Court) for declaratory relief and equitable remedies about who should receive the proceeds and (2) estate proceedings before the Clerk of Superior Court to secure spousal/child allowances and, if needed, claim an elective share that can reach certain nonprobate transfers by requiring “responsible persons” (including life insurance beneficiaries) to contribute.

Key Requirements

• Standing and evidence: You must show why the named beneficiary should not receive the funds (e.g., a valid change form, agreement, or clear attempt to change that the insurer failed to process).
• Policy type matters: Employer-provided plans are often controlled by federal law; individual policies follow the contract and state law. The forum and remedy can differ.
• Procedural vehicle: Use a civil declaratory judgment/constructive trust claim and ask the insurer to hold or interplead if there’s a dispute. Use estate proceedings for allowances and an elective share.
• Deadlines and forum: Year’s allowance claims must be filed within one year of death with the Clerk of Superior Court. An elective share must be filed within six months after estate letters issue, in the county of administration.
• Access to proof: A court‑appointed personal representative can request electronic records under North Carolina’s digital‑assets framework and use subpoenas to obtain the encrypted change form.

What the Statutes Say

• North Carolina Gen. Stat. § 30-3.1 (Elective share) – Surviving spouse may claim a percentage of total net assets.
• North Carolina Gen. Stat. § 30-3.4 (Elective share procedure) – Timing, venue, and summons for the elective share proceeding.
• North Carolina Gen. Stat. § 30-15 (Year’s allowance to spouse) – Spouse’s $60,000 allowance for one year, filed with the Clerk.
• North Carolina Gen. Stat. § 41-2.1 (Joint accounts with survivorship) – Survivorship rules and limited availability to pay claims/allowances from the decedent’s share.

Analysis

Apply the Rule to the Facts: You can pursue two tracks. First, move in civil court to resolve who should receive the policy: ask the insurer to hold the proceeds or interplead, and seek a declaratory judgment and constructive trust based on the locked change form and the divorce. Second, open an estate to claim the year’s allowance(s) and, if needed, an elective share; that share can require a life insurance recipient to contribute toward the spousal award even if the policy itself pays outside probate.

Process & Timing

1. Who files: Surviving spouse (and/or as personal representative once appointed). Where: Civil action in Superior Court (declaratory judgment/constructive trust) and estate filings with the Clerk of Superior Court in the decedent’s county. What: Civil complaint seeking declaratory relief, constructive trust, and interpleader/hold; estate filings for Application for Year’s Allowance and, if pursued, an elective share petition with an Estate Proceeding Summons (AOC‑E‑102). When: File year’s allowance within one year of death; file elective share within six months after letters of administration/executorship are issued.
2. Ask the insurer, in writing, to place a temporary hold or to interplead due to competing claims (ex-spouse vs. estate/surviving spouse). In discovery, subpoena the policy file, beneficiary history, and any received change forms. If a personal representative is appointed, use estate discovery tools and, if necessary, court orders to access the encrypted file through the service provider.
3. If the policy pays to the ex-spouse, continue the civil case for equitable relief (constructive trust/unjust enrichment). In the estate, pursue the elective share; once awarded, seek contribution from “responsible persons,” which can include nonprobate recipients such as life insurance beneficiaries.

Exceptions & Pitfalls

• Employer group life often follows federal law; plan documents control payment. State “revocation on divorce” rules may not change who the plan must pay.
• Not opening an estate means you cannot claim an elective share or use estate tools to compel digital records; consider qualifying promptly to preserve options.
• Insufficient proof of a beneficiary change can sink a civil challenge; move fast to secure the change form, insurer records, and any confirmations.
• Joint bank accounts: if the account was created under North Carolina’s survivorship statute, only the decedent’s equal share may be tapped to pay allowances or claims, and only if estate assets are otherwise insufficient.

Talk to a Probate Attorney

If you’re dealing with a life insurance designation favoring an ex-spouse after divorce, 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.