Short Answer

In North Carolina, you can seek reimbursement by filing a written claim in the estate that explains what you paid, why you paid it, and how it benefited the estate. If the payment was necessary to preserve estate property (like preventing a foreclosure), ask the Clerk of Superior Court to treat it as an administration expense or otherwise allow your claim. If the personal representative refuses or won’t account, you can petition the clerk to compel an accounting and, if needed, to remove and replace the personal representative.

Understanding the Problem

You are asking whether, in North Carolina probate, you can be reimbursed for mortgage and lien payments you personally made on an estate home while another person served as personal representative. Here, the brother, as successor executor, stopped paying the mortgage and you paid it to prevent foreclosure.

Apply the Law

Under North Carolina law, reimbursement is possible if you properly present a claim and show the payment was reasonable and necessary for the estate. Claims must be presented in a specific way. The Clerk of Superior Court (Estates Division) can resolve disputes, compel accountings, and remove a personal representative for cause. Payments that preserved estate assets may be allowed as costs of administration (a high priority). Otherwise, they are treated as general claims paid after higher-priority debts. The deadline to present a claim ties to the published notice to creditors (at least three months from first publication).

Key Requirements

• Written claim: Submit a written claim stating the amount, the basis (e.g., mortgage payments to prevent foreclosure), and your name and address; include proof of payment.
• Necessity and benefit: Show the payments were necessary to protect estate property and benefitted the estate (for example, avoided loss of equity).
• Proper forum and timing: Present the claim to the personal representative or file it with the Clerk of Superior Court within the creditor claims window stated in the published notice.
• Clerk oversight: If the personal representative won’t act, petition the clerk to allow the claim, classify it appropriately, and compel an accounting.
• Fiduciary accountability: If there’s mismanagement (e.g., stopping mortgage payments, withdrawing estate funds without accounting), seek orders compelling action or removal.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-19-1 (Presenting a claim) – Requires a written claim stating amount, basis, and claimant details; may be delivered to the personal representative or the clerk.
• North Carolina Gen. Stat. § 28A-19-6 (Order of payment) – Sets payment priority; administration expenses rank first and secured liens are prioritized up to collateral value.
• North Carolina Gen. Stat. § 28A-21-4 (Compel accounting) – Lets the clerk or an interested party require the personal representative to account.
• North Carolina Gen. Stat. § 28A-9-1 (Revocation of letters) – Authorizes removal of a personal representative for default or misconduct.

Analysis

Apply the Rule to the Facts: Your mortgage payments were made to stop foreclosure on an estate home. Present a written claim with dates, amounts, lender statements, and proof of payment. Ask the clerk to classify the payments as administration expenses because they preserved estate value; if not, your claim should still be allowed and paid according to priority after higher-ranked claims. Because the brother closed an estate account and stopped paying the mortgage, also request an accounting and, if warranted, removal for mismanagement.

Process & Timing

1. Who files: You (an interested party/beneficiary). Where: Clerk of Superior Court, Estates Division, in the county where the estate is pending. What: Written claim with documentation; if disputed or ignored, a verified petition initiating an estate proceeding with an AOC-E-102, Estates Proceedings Summons. When: Present your claim within the creditor notice period stated in the estate’s published notice (at least three months from first publication). If the claim is rejected, you must file suit within a short statutory period after rejection—act promptly.
2. Ask the clerk to: (a) allow and classify your claim (ideally as an administration expense), (b) compel the personal representative to file a full, current accounting, and (c) order reimbursement from estate funds. Timeframes vary by county; hearings are typically scheduled within weeks to a few months.
3. If mismanagement is shown, seek removal under § 28A-9-1 and appointment of a successor. The clerk will enter a written order; if allowed, reimbursement is paid through the estate and reflected in the next account.

Exceptions & Pitfalls

• If you wait past the creditor period or a rejection deadline, your claim can be barred.
• Unauthorized, excessive, or nonessential payments may be denied or treated as low-priority claims.
• Claims must be specific and documented; include statements, payoff histories, and proof of each payment.
• Payments to a secured lender do not automatically give you the lender’s lien priority; ask the clerk to treat your payments as administration expenses or otherwise allow the claim.
• If the personal representative won’t communicate, use the clerk’s power to compel an accounting rather than waiting.

Talk to a Probate Attorney

If you’re dealing with nonpayment of a mortgage during probate and need reimbursement for payments you made to protect the 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.