Creditors' Claims Against Deceased Debtors: A Brief NC Guide

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In most cases, the rights of creditors against debtors are enforced through traditional collection suits, foreclosures, or other like actions. However, when the debtor is deceased, the procedures for creditors hoping to collect are different than the traditional avenues of collection. This article provides a brief outline of the remedies available to creditors and highlights some of the newest changes to North Carolina law with respect to claims against a decedent’s estate.

Making Claims Against a Decedent’s Estate

If a debtor dies with a valid will that has been admitted to probate, then the named Personal Representative (PR) (aka Executor or Executrix) typically is appointed by the clerk of court to administer the estate of the deceased debtor. In this case, filing a timely claim against the estate once the PR is appointed is the best and most effective means for a creditor to protect its rights.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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