How to make a claim against a deceased person’s estate – Raleigh and Durham Probate Lawyers
A claim against a decedent’s estate must be in writing and state the amount or item claimed, or other relief sought, the basis for the claim, and the name and address of the claimant; and must be presented by one of the following methods:
1. By delivery in person or by mail to the personal representative, collector or the clerk of superior court. Such claim will be deemed to have been presented from the time of such delivery.
2. By mailing, registered or certified mail, return receipt requested, to the personal representative or collector at the address set out in the general notice to creditors. Such claim will be deemed to have been presented from the time when the return receipt is signed by the personal representative, collector, or agent of the personal representative or collector, or is refused by the personal representative, collector, or agent of the personal representative or collector.
3. By delivery to the clerk of court of the county in which the estate is pending, which notice shall be filed in the appropriate estate file and copy mailed first class by the clerk of superior court at the expense of the claimant to the personal representative, collector, or agent of the personal representative or collector. The claim will be deemed to have been presented from the time of delivery to the clerk of court.
In an action commenced after the death of the decedent against the decedent’s personal representative or collector as such, the commencement of the action in the court in which such personal representative or collector qualified will constitute the presentation of a claim and no further presentation is necessary. In an action filed in any other court such claim will be deemed to have been presented at the time of the completion of service of process on such personal representative or collector.
In an action pending against the decedent at the time of the decedent’s death, which action survives at law, the court may order the substitution of the personal representative or collector for the decedent and that will constitute the presentation of a claim.
For help with administering a Durham or Wake County Estate, contact our office to speak with an attorney.
Hopler & Wilms, LLP
2402 S. Miami Blvd., Ste 203
Durham, NC 27703
(919) 244-2019
law@hoplerwilms.com