Notice to Creditors in North Carolina Probate

Upon the appointment of the executor or administrator of a North Carolina probate estate, the personal representative or collector must notify all people or businesses having claims against the decedent to present them to the personal representative or collector. The notice must state that all claims must be presented within three months from the day of the first newspaper publication of the notice. The notice shall set out a mailing address for the personal representative or collector and must be published once a week for four consecutive weeks in a newspaper qualified to publish legal advertisements.

The personal representative or collector must also send to the last known address a copy of the published ntice to all persons, firms, and corporations having unsatisfied claims against the decedent who are actually known or can be reasonably ascertained by the personal representative or collector within 75 days after the granting of letters and, if at the time of the decedent’s death the decedent was receiving medical assistance as defined by G.S. 108A-70.5(b)(1), to the Department of Health and Human Services, Division of Medical Assistance. However, no notice shall be required to be delivered or mailed with respect to any claim that is recognized as a valid claim by the personal representative or collector.

A copy of the notice published, and an affidavit from a representative of the publishing company to the effect that such notice was published, along with an affidavit of the personal representative or collector, or the attorney for the personal representative or collector, to the effect that a copy of the notice was provided to each creditor shall be filed in the office of the clerk of superior court by the personal representative or collector at the time the 90 day inventory is filed.