Legal Question in Wills and Trusts in North Carolina

Can an Administrator of an estate in probate pay Claim with out the permission

of the Clerk of Courts

Asked on 9/18/13, 2:04 pm

1 Answer from Attorneys

Why does an administrator need any permission from the courts at all?

The administrator must pay all valid claims out of estate assets before any probate assets are given to any heirs (other than allowances for spouse or children). If there are not enough assets then claims are paid in order of priority. The order of priority is defined by statute but administrative expenses (costs of probate, hiring a probate attorney, family allowances) are paid first. Funeral expenses up to $3500 are covered next. Then any tax debts followed by medical expenses incurred in the last year of death. Everything else is last.

Its up to the administrator to see if a claim is going to be allowed or rejected or compromised. If the claim is paid then the administrator needs to get a receipt for that as receipts will have to be shown to the clerk of court when the final accounting is filed.

Your question indicates that the administrator may not know what he or she is doing. The administrator really needs to hire a probate attorney if that is the case or at least consult with a probate attorney who practices in the county where the estate is pending to review the inventory and claims that have been filed and render an opinion as to whether the claim is proper.

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Answered on 9/18/13, 5:04 pm

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