Dec262025
Wrongful Death

If the other side won’t agree to reimbursement in the final order, can the judge still approve reimbursement and how would that dispute be handled? – North Carolina

Short Answer

Yes. In North Carolina wrongful-death cases, the court (often the Clerk of Superior Court, and sometimes a Superior Court judge) can approve and order reimbursement of allowable expenses even if the parties do not agree to include reimbursement language in a proposed consent or final order. The disagreement is usually handled through a noticed hearing where the person seeking reimbursement presents receipts or other proof, other interested parties can object, and the clerk (or judge on appeal/transfer) decides what is reasonable and properly payable from the wrongful-death recovery.

Understanding the Problem

In a North Carolina wrongful-death matter, can a personal representative or a payor of funeral, burial, or transportation expenses still obtain reimbursement from the wrongful-death recovery when opposing counsel will not consent to reimbursement language in the final order, and how is that dispute decided by the court? The key timing trigger is when the settlement or distribution is presented to the Clerk of Superior Court (or a Superior Court judge, depending on the posture of the case) for approval and entry of an order that authorizes payment and distribution.

Apply the Law

North Carolina treats wrongful-death proceeds differently from ordinary estate assets. The personal representative brings the claim, but the recovery generally passes to the statutory beneficiaries rather than becoming part of the probate estate. Even so, North Carolina law allows certain expenses to be paid from the recovery before distribution (including allowable litigation expenses and certain death-related expenses), and the court can resolve disputes about what should be paid and in what amount as part of the settlement approval and distribution process. In a contested situation, the matter is typically heard by the Clerk of Superior Court acting as a judicial officer in an estate-related proceeding, with a right to appeal within a short time after entry of the order.

Key Requirements

  • Expense type must be allowable: The claim for reimbursement must fit within categories North Carolina allows to be paid from the wrongful-death recovery before funds are distributed (commonly funeral/burial and related expenses, and case-related costs and fees).
  • Proof and reasonableness: The person seeking reimbursement must show what was actually paid and why the amount is reasonable for the service provided. Documentation gaps can reduce or defeat reimbursement.
  • Proper forum and procedure: The request must be presented to the proper court officer (often the Clerk of Superior Court) in the settlement/distribution proceeding, with notice to interested parties and an opportunity to object.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The reimbursement request here focuses on funeral, burial, and transporting remains, with incomplete documentation and with the wrongful-death proceeds expected to pass to the children/heirs rather than funding an otherwise asset-poor estate. Because reimbursement is being resisted in the proposed final/consent order, the issue becomes an evidentiary and reasonableness dispute: what amounts were actually paid, by whom, and whether the expense qualifies for payment from the wrongful-death recovery before distribution. Payments made through a life-insurance arrangement can complicate proof and “who paid” questions, so the court will typically look for a clear paper trail showing the out-of-pocket payor and the connection between the expense and the death.

Process & Timing

  1. Who files: usually the personal representative (or counsel on the personal representative’s behalf), sometimes supported by an affidavit from the person seeking reimbursement. Where: the Office of the Clerk of Superior Court in the county where the estate or wrongful-death settlement approval is being handled. What: a motion or petition asking the clerk to approve the settlement/distribution and to authorize specific reimbursements, attached to receipts, invoices, canceled checks, bank statements, or other payment proof. When: before entry of the final distribution order and before funds are disbursed.
  2. If there is an objection: the clerk schedules a hearing. The person seeking reimbursement presents documents and testimony (as needed) to show payment, purpose, and reasonableness. Other interested parties can contest the amount, claim a different payor, argue the expense is not allowable, or argue it would be unfair to charge it against the wrongful-death recovery.
  3. Order and follow-up: the clerk enters an order approving (or denying) reimbursement, often as part of the overall settlement/distribution order. If a party is aggrieved, that party can appeal within the statutory time frame, and the matter can be reviewed by a Superior Court judge under the applicable appeal standard.

Exceptions & Pitfalls

  • “Incomplete documentation” risk: Courts often require proof that the expense was actually paid and by whom. Missing receipts, unclear invoices, or undocumented cash payments can lead to a reduced reimbursement award or denial.
  • Double-payment and insurance issues: If life insurance or another third party paid some expenses, the court may scrutinize whether reimbursement would duplicate a payment already made, or whether the claimant actually bore the cost.
  • Wrong payor/standing: Reimbursement is usually strongest when the requester can show personal payment or an obligation actually satisfied. If someone “arranged” services but did not pay, or was reimbursed elsewhere, that can change the result.
  • Procedure mistakes: Trying to handle reimbursement only through informal agreement language (without putting the request and proof in front of the clerk/judge) can stall the final order. When consent fails, the cleaner path is a noticed motion and hearing.

Conclusion

In North Carolina, a judge or the Clerk of Superior Court can approve reimbursement from wrongful-death proceeds even when the parties cannot agree to include reimbursement language in a proposed final order. The dispute is handled through a hearing process where the personal representative presents the request with proof of payment and reasonableness, and interested parties may object. The most important next step is to file a motion seeking reimbursement approval with the Clerk of Superior Court and calendar it for hearing; if an order is entered, an appeal deadline of 10 days may apply.

Talk to a Wrongful Death Attorney

If you’re dealing with a wrongful-death settlement where reimbursement for funeral, burial, or related costs is being disputed, our firm has experienced attorneys who can help explain the approval process, what documentation is needed, and what deadlines can apply if the clerk enters an order. 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.

Category: Wrongful Death

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.