Short Answer

In North Carolina, you enforce unpaid spousal support that was due before death by filing a written creditor claim in the estate within the claims period set by the estate’s notice to creditors. If the personal representative rejects your claim, you must file a civil action promptly (deadlines can be as short as three months). You should also consider separate marital rights: apply for a spouse’s year’s allowance and, if appropriate, file an elective share petition within six months after letters are issued.

Understanding the Problem

You are the surviving spouse in a North Carolina probate and want to get paid unpaid spousal support from your late spouse’s estate and secure your share of the home’s value. You also continue living in the marital home. The question is how you, as the surviving spouse, can use North Carolina’s estate claims and marital-rights procedures to recover support and protect your position during administration before the Clerk of Superior Court.

Apply the Law

North Carolina law lets creditors—including a surviving spouse owed support that accrued before death—present a written claim in the estate. The Clerk of Superior Court oversees estate administration, and the personal representative decides whether to allow or reject claims. Claims must be presented within the “non-claim” period set by the estate’s notice to creditors. Separately, a surviving spouse can claim a year’s allowance (support from personal property) and may file for an elective share to receive a percentage of the decedent’s total net assets. If a claim is rejected, you must sue within a short statutory window.

Key Requirements

• Present a written claim: State the amount due, the basis (e.g., court-ordered alimony/postseparation support or agreement), and your contact information; deliver it to the personal representative or file with the Clerk.
• Meet the non-claim deadline: File by the date in the published notice to creditors (or within 90 days of any personal notice, if later), or the claim is barred.
• If rejected, sue fast: After a written rejection, you must file a civil action within the statutory window (as little as three months) or lose the claim.
• Understand priority: Court-judgment arrears secured by a docketed lien are paid as lien claims to the extent of the lien; otherwise, unpaid support is generally a general unsecured claim and paid by statutory priority and pro rata if assets are short.
• Consider marital-rights remedies: Apply for a spouse’s year’s allowance from personal property and, if needed, file an elective share petition within six months after letters to reach nonprobate assets and the home’s value through contribution rules.
• Forum and oversight: The Clerk of Superior Court handles estate proceedings; hearings can be held, and mediation may be ordered in elective share matters.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-19-1 (Presenting claims) – Written, timely presentment to the personal representative or Clerk.
• North Carolina Gen. Stat. § 28A-19-3 (Non-claim bar) – Sets strict deadlines for claims arising before or after death.
• North Carolina Gen. Stat. § 28A-19-16 (Action on rejected claim) – Short window to sue after rejection.
• North Carolina Gen. Stat. § 30-3.4 (Elective share procedure) – Spouse’s petition, timing, and Clerk process for elective share.

Analysis

Apply the Rule to the Facts: As the surviving spouse, you can file a written creditor claim for any unpaid spousal support that accrued before death. Do this within the estate’s published deadline; if the personal representative rejects it, you must file suit within the short statutory period. To reach your share of overall wealth (including nonprobate assets and the home’s value), file an elective share petition within six months after letters are issued; also consider applying for the $60,000 spouse’s year’s allowance from personal property to cover immediate needs.

Process & Timing

1. Who files: You (surviving spouse). Where: Clerk of Superior Court in the county where the estate is administered. What: (a) Written creditor claim stating amount, basis, and your contact; (b) If needed, Petition for Elective Share with an Estate Proceeding Summons (AOC‑E‑102); (c) Application and Assignment of Year’s Allowance (AOC‑E‑100). When: Claims by the notice‑to‑creditors deadline (or within 90 days after personal notice, if later); elective share within six months after letters; year’s allowance generally within six months after letters if a personal representative has been appointed.
2. The personal representative reviews your claim. If accepted, payment is scheduled by statutory priority after costs and allowances. If rejected, promptly file a civil action to enforce the claim; the Clerk can hear related estate issues and may order mediation on elective share.
3. Final orders: For an allowed claim, payment per priority or pro rata if assets are short. For elective share, the Clerk enters an order fixing the award and directing contributions from those holding assets, including nonprobate recipients, as the statute allows.

Exceptions & Pitfalls

• Missing the non-claim bar or the post-rejection lawsuit deadline can permanently forfeit your support claim.
• Support that was reduced to a docketed judgment may have lien priority; unliquidated arrears are usually general unsecured claims—know the difference.
• An elective share is separate from a creditor claim; it must be filed on time and can reach certain nonprobate assets through contribution rules.
• Beneficiaries cannot evict you; only a duly appointed personal representative can manage estate property. Keep proof of your mortgage payments for potential contribution issues.
• Title and debt on the marital home matter: survivorship deeds can pass ownership outside probate; who must pay a mortgage can vary by liability and statute; get a title/debt review early.

Talk to a Probate Attorney

If you’re dealing with unpaid spousal support and need to pursue claims and marital rights in a North Carolina estate, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.