Smithfield, NC asked in Probate for North Carolina

Q: Probate question regarding dwnpymt to contractor who passed. Family didn’t file probate said they would include claim.

Had contact to build fence. Made payment. Contractor died. Wife said she would include our claim. Numerous text messages. Finally I called courts. No probate case filed in his county of residence. Inform wife and now she isn’t responding. Can I sue his unfurled estate for my deposit?

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1 Lawyer Answer
Ben Corcoran
Ben Corcoran
  • Probate Lawyer
  • Yadkinville, NC
  • Licensed in North Carolina

A: Once 90 days since the death has passed, any interested party can open the estate and apply to be the administrator. However, you will likely have to post a bond, and the wife can claim the first $60,000 in the estate before any creditors get paid. I don't know how much your deposit was, but it may be more trouble than it is worth and there is a decent chance you will not recover your money.

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