Short Answer

In North Carolina, a personal representative handles child support arrears like any other creditor claim: the claimant must present a written claim by the estate’s creditor deadline, you classify it by priority, and then allow or reject it. If timely and valid, pay it in the statutory order of priority; if you reject it, the claimant has three months to sue. If estate assets are insufficient, you may need to sell real property to create funds and pay claims pro rata within the same class.

Understanding the Problem

You are the North Carolina personal representative deciding whether and how to pay an unpaid child support claim presented against the estate. The task is to evaluate the claim, decide to allow or reject it, and determine how to fund it, including whether to bring a residence under your control to pay claims. One salient fact: the estate also faces a tort claim from a car accident and alleged support/college arrears.

Apply the Law

North Carolina requires creditors to present claims in writing by the date stated in the published notice to creditors (and by 90 days from personal notice if later). The personal representative classifies each claim, pays in statutory order, and may not favor creditors within the same class. Child support arrears survive death and are treated as a debt: if reduced to a docketed judgment lien before death, they have the priority of judgment liens to the extent they attach to property; otherwise they are a general unsecured claim. Disputed claims can be rejected; the claimant then must timely sue to preserve the claim.

Key Requirements

• Written presentment: The claimant must submit a written claim stating amount, basis, and claimant’s address by the estate’s creditor deadline.
• Notice and deadlines: Publish notice to creditors and send personal notice to known creditors within 75 days of qualification; untimely claims are barred.
• Classification and priority: Pay claims in statutory order; do not prefer creditors within the same class. A docketed child support judgment lien is paid as a lien to the extent it attached; otherwise treat arrears as a general unsecured claim.
• Verification and review: You may require an affidavit and supporting records (e.g., court order and arrears ledger) to validate amount and basis.
• Rejection and litigation: If you reject a claim in writing, the creditor has three months to file suit; otherwise the claim is barred.
• Creating liquidity: If assets are insufficient, you may take possession of real property and petition the Clerk of Superior Court to sell it to pay claims.

What the Statutes Say

• Notice to creditors (N.C. Gen. Stat. § 28A-14-1) – publish notice and send personal notice within 75 days.
• Nonclaim bar and timing (N.C. Gen. Stat. § 28A-19-3) – claims not timely presented are barred.
• Order of payment (N.C. Gen. Stat. § 28A-19-6) – sets the priority classes and pro rata rule within a class.
• Suit after rejection (N.C. Gen. Stat. § 28A-19-16) – claimant has three months to sue after written rejection.

Analysis

Apply the Rule to the Facts: Obtain the support order and a certified arrears ledger to confirm the amount owed at death and whether a judgment was docketed. If there is a docketed lien, treat it as a lien claim to the extent it attached to the decedent’s property; if not, treat arrears as a general unsecured claim and pay it in order with other ninth‑class claims. Evaluate the car loan as a secured claim against the vehicle up to its collateral value, and the accident claim’s insurance coverage, to determine overall solvency and whether you must sell the residence to fund allowed claims.

Process & Timing

1. Who files: The child support creditor (or child support enforcement agency). Where: Clerk of Superior Court in the county where the estate is pending. What: A written claim stating amount, basis, and creditor address; you file AOC‑E‑307 (Affidavit of Notice to Creditors) with your inventory. When: Claim must be presented by the date in your published notice (at least three months from first publication) or within 90 days after personal notice if that is later.
2. Review the claim: request the court order and arrears ledger; determine whether a judgment lien was docketed. Classify and either allow (in whole/part) or reject. If you reject, give written notice; the claimant then has three months to sue.
3. If assets are short, marshal non-exempt assets, consider taking possession of the residence, and petition the Clerk to sell real property to create funds. Pay claims in statutory order and pro rata within each class; then account and close.

Exceptions & Pitfalls

• Docketed support judgments: If the arrears were reduced to a docketed judgment lien before death, treat the lien portion with lien priority; verify docketing in the county of property.
• Pro rata within class: Do not pay one general unsecured creditor in full while others in the same class go unpaid; prorate if the estate is insolvent.
• Insurance carve‑out: A car‑accident claim may proceed against liability insurance even if late; insurance recoveries generally do not reduce estate funds available for other creditors.
• Notice missteps: Failing to send personal notice to known creditors within 75 days can affect the bar; document publication and mailing and file the proof (AOC‑E‑307) with the inventory.
• College expenses: Only amounts due under an existing court order or valid agreement are enforceable; request the order/agreement and ledger to avoid paying non‑enforceable items.

Talk to a Probate Attorney

If you’re handling a North Carolina estate facing unpaid child support and competing creditor claims, our firm can help you understand priority, deadlines, and how to create liquidity to pay what’s owed. 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.