Short Answer

In North Carolina, you open an estate and have the Clerk of Superior Court appoint a personal representative (administrator) to handle your daughter’s assets in her name. Only a duly appointed personal representative can pursue and settle a wrongful death claim; those proceeds are not probate assets and are distributed to legal heirs by statute. If the other parent is living, both parents usually share equally and have equal priority to serve; the Clerk can resolve disagreements or require renunciations. A two-year wrongful death deadline applies.

Understanding the Problem

North Carolina: A parent asks how to handle a deceased daughter’s assets and savings while also pursuing a wrongful death settlement. The insurer requires that an estate be opened and a personal representative be appointed before releasing funds. One salient fact: the child’s biological mother has been absent, which may complicate who serves as personal representative and who must consent to a settlement.

Apply the Law

Under North Carolina law, probate assets (like a bank account in your daughter’s name alone) must be collected and distributed by a court‑appointed personal representative through the Clerk of Superior Court. Wrongful death claims can be brought and settled only by the personal representative, are typically subject to a two‑year statute of limitations, and the proceeds are not part of the probate estate. The Clerk oversees the estate; a judge approves wrongful death settlements unless every adult beneficiary signs written consent. Key timing triggers include applying for letters of administration promptly and filing any wrongful death action within two years of death.

Key Requirements

• Personal representative appointment: An heir or other qualified person applies with the Clerk of Superior Court to be appointed to manage assets in your daughter’s name and to pursue the wrongful death claim.
• Wrongful death authority and approval: Only the personal representative can settle; court approval is required unless all adult beneficiaries consent in writing.
• Proceeds are not estate assets: Wrongful death money is kept separate, used first for allowed expenses (like funeral and limited last‑injury medical bills), then distributed to heirs by intestacy rules.
• Bond and notices: A bond may be waived initially when appointed solely to bring a wrongful death action; if the estate has other assets, bond and standard notices may apply.
• Deadline: File any wrongful death lawsuit within two years of death; missing this bars the claim.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-18-2 (Wrongful death) – PR files; limited payments from proceeds; balance distributed per intestacy.
• North Carolina Gen. Stat. § 28A-13-3 (PR powers) – PR may compromise/settle wrongful death; court approval rules.
• North Carolina Gen. Stat. § 28A-8-1 (Bond) – Bond not required solely to bring wrongful death until property is received into the estate.
• North Carolina Gen. Stat. § 1-53 (Two-year statute of limitations) – Wrongful death claims generally must be filed within two years.

Analysis

Apply the Rule to the Facts: As the father, you can petition the Clerk to be appointed administrator to collect any bank accounts or savings in your daughter’s name and to receive the insurer’s settlement. Because parents are equal heirs if an unmarried child dies without children, the mother has equal priority to serve and to share in wrongful death proceeds; if she remains absent, the Clerk can require notice, request a renunciation, or decide who should serve. The wrongful death proceeds must be kept separate, used only for allowed expenses, and then split by intestacy (often equally between parents). If the mother does not consent in writing, a judge must approve any settlement.

Process & Timing

1. Who files: An interested heir (you). Where: Clerk of Superior Court in your daughter’s North Carolina county of domicile. What: File Application for Letters of Administration (AOC‑E‑202); if you live out of state, also file Appointment of Resident Process Agent (AOC‑E‑500). If bond is required, the Clerk will use Bond (AOC‑E‑401); waivers (AOC‑E‑404) may be available. When: As soon as possible; any wrongful death lawsuit must be filed within two years of death.
2. After letters issue, open an estate account; collect assets in your daughter’s name; note on your application that a wrongful death claim exists. If the only asset is the wrongful death claim, you typically do not have to publish notice to creditors; county practice can vary.
3. For settlement: obtain written consents from all adult beneficiaries; if any do not consent (or if a minor is involved), seek judge approval of the settlement. Pay allowed funeral and last‑injury medical expenses within statutory limits from the wrongful death funds, address any Medicare/Medicaid or similar liens, then distribute the balance to heirs by intestacy. File a separate accounting of wrongful death proceeds and a final estate accounting, then close the estate.

Exceptions & Pitfalls

• Equal-parent priority: When both parents survive, they share equal priority to serve. If the other parent is absent, the Clerk may require notice, a renunciation, or hold a hearing to decide who should serve. If time is short, the Clerk can appoint a temporary fiduciary to preserve the claim.
• Settlement approvals: If any entitled beneficiary is a minor or an adult who does not consent in writing, a judge must approve the wrongful death settlement before distribution.
• Separate the money: Do not commingle wrongful death funds with probate assets. Keep a separate accounting and use wrongful death money only for statutorily allowed expenses and distributions.
• Medical bill limits and liens: Payment of last‑injury medical bills from wrongful death proceeds is capped by statute, but certain government liens (e.g., Medicare/Medicaid) may require different handling.
• Not all assets require probate: Joint accounts with survivorship and named‑beneficiary assets (life insurance, retirement) pass outside the estate; only assets titled solely in your daughter’s name are probate assets.

Talk to a Wrongful Death Attorney

If you’re dealing with opening an estate and a wrongful death settlement at the same time, 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.