Now that I’m the estate administrator, what do I need to sign so the lawyer can move forward with the wrongful death claim? – North Carolina

Short Answer

In North Carolina, the wrongful death claim is brought by the estate’s personal representative (the administrator or executor), not by individual family members. To let counsel move forward quickly with insurance claims and records requests, the administrator typically signs (1) the attorney engagement/fee agreement (if not already signed), (2) authorizations for medical and other records, and (3) a “representation” or “letter of authority” packet the lawyer sends to insurers along with certified Letters of Administration. A separate signature is usually needed later to approve any settlement and sign the final release.

Understanding the Problem

In North Carolina wrongful death cases, the key decision point is what documents the estate administrator must sign so counsel can start the claim with the insurance companies. The administrator acts for the estate as the personal representative, and that role controls who can authorize the lawyer to communicate with insurers, request records, and (later) resolve the claim. The focus here is the paperwork that typically unlocks the early investigation and insurance process after the administrator has been appointed.

Apply the Law

North Carolina law places the wrongful death claim in the hands of the estate’s personal representative (often called the administrator when there is no will). That appointment is made through the Clerk of Superior Court (Estates), and the proof of authority is usually the Letters of Administration (or Letters Testamentary). Once appointed, the personal representative can retain counsel to investigate and pursue the claim, communicate with insurers, and gather records needed to evaluate liability and damages. Separate paperwork is commonly required at the settlement stage because insurers typically require a signed release, and the estate must handle settlement proceeds and reporting correctly.

Key Requirements

• Valid appointment as personal representative: The administrator must be formally qualified through the Clerk of Superior Court and be able to provide certified Letters of Administration (or Letters Testamentary).
• Written authority for counsel to act and obtain information: Insurers and providers usually require signed authorizations and a written direction that counsel may request records and discuss the claim.
• Separate approval to resolve the claim: Settlement typically requires the administrator’s signature on settlement documents (and sometimes additional court/estate approvals depending on the situation, such as minor beneficiaries or other special circumstances).

What the Statutes Say

• N.C. Gen. Stat. § 1-22 (Actions by personal representative after death) – Confirms that certain actions may be brought by a personal representative after a death, reflecting the personal representative’s role in pursuing claims connected to the decedent.

Analysis

Apply the Rule to the Facts: Here, [CLIENT] has already been appointed administrator for [DECEDENT]’s estate, and counsel has an engagement agreement listing the estate as the client. That means the main “authority” piece is already in place: the administrator can authorize counsel to act for the estate and can provide proof of appointment (Letters of Administration) to insurers. To begin contacting the insurance companies identified in the police report, counsel will usually need signed authorizations (so records can be requested) and a signed representation packet so insurers will speak with counsel and route communications through the law office.

Process & Timing

1. Who files: The estate’s personal representative (administrator). Where: Clerk of Superior Court (Estates) in the county where the estate is administered in North Carolina. What: Obtain certified Letters of Administration (or Letters Testamentary) and keep multiple certified copies available. When: As soon as possible after appointment, because insurers and record custodians often will not act without proof of authority.
2. Early claim paperwork: The administrator typically signs (a) any final engagement/fee paperwork not already completed, (b) medical and other records authorizations (so counsel can order hospital/EMS/medical examiner and billing records), and (c) an insurer “letter of representation” or similar authorization allowing the insurer to communicate with counsel.
3. Settlement stage paperwork: If the claim resolves, the administrator typically signs the settlement agreement and the release required by the insurer. The estate may also need to complete estate-related steps for receiving and distributing funds (which can vary based on beneficiaries and other estate issues).

Exceptions & Pitfalls

• Insurers refusing to talk without proof: Even with an engagement agreement, insurers often require a certified copy of the Letters of Administration (or Letters Testamentary) before they will discuss coverage, limits, or settlement.
• Incomplete authorizations: Missing dates, missing initials, or using the wrong form can cause medical providers and agencies to reject record requests and delay the investigation.
• Signing the wrong release: A release signed too early or signed by the wrong person can create major problems. Settlement documents should be reviewed carefully so they match the correct parties, correct claims, and correct capacity (signed as administrator, not individually).

Conclusion

In North Carolina, the estate administrator (as the personal representative) is the person who authorizes counsel to pursue the wrongful death claim. To let the lawyer move forward with insurers and records, the administrator typically needs to provide certified Letters of Administration and sign records authorizations and insurer representation paperwork; a separate signature is usually required later to approve any settlement and sign the final release. The next step is to deliver certified Letters of Administration to counsel and sign the requested authorizations promptly after appointment.

Talk to a Wrongful Death Attorney

If an estate administrator needs to start a North Carolina wrongful death claim and insurers are requesting paperwork before they will cooperate, our firm has experienced attorneys who can help explain what to sign, what to gather, and what timelines to watch. 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.