{"data":{"id":"us-nc/n.c.-gen.-stat.-143-126","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 143-126","heading":"Death of a person admitted; lien on estate.","body":"(a)\tIn the event of the death of person admitted, leaving any cost of care unpaid, then the unpaid cost shall constitute a lien on all property, both real and personal of the decedent and shall be payable from the decedent's estate as a fourth class claim after the payment of taxes to the State or its subdivisions.\n(b)\tUpon the death of person admitted, the Department shall file a verified statement of account containing the following:\n(1)\tThe name of the person admitted;\n(2)\tThe date of death of the person admitted;\n(3)\tThe inclusive dates of the provision of care;\n(4)\tThe name of the institution providing care; and\n(5)\tThe amount of the unpaid balance.\nThe statement shall be filed in the office of the clerk of superior court in the county of residence of the deceased person admitted and in the county or counties in which real property is located in which the decedent owns an interest. The statement shall be docketed and indexed by the clerk.\n(c)\tFrom the time of docketing, the statement shall be and constitute due notice of a lien against all real property then owned in whole or in part by the decedent and lying in such county to the extent of the total amount of the unpaid balance for the decedent's care as evidenced by the verified statement of account. Payments made by a fiduciary including those made by a clerk of superior court, in full or partial satisfaction of such lien, shall constitute a valid expenditure as provided in G.S. 143-119.\n(d)\tNo action to enforce such lien may be brought more than three years from the date of death of the person admitted. The failure to bring such action or the failure of the Department to file such statement shall not be a complete bar against recovery but shall only extinguish the lien and priority established by it.\n(e)\tUpon receipt of the unpaid balance by the institution or Department or upon agreement of compromise of such unpaid balance, the Department shall notify the clerks of superior court in the counties where the lien has been recorded that the unpaid balance has been paid, and the clerks shall cancel the lien of record. (1925, c. 120, s. 10; 1967, c. 960; 1973, c. 476, s. 133; 1985, c. 508, s. 11.)","path":["Chapter 143. State Departments, Institutions, and Commissions","Article 7. Persons Admitted to Department of Health and Human Services Institutions to Pay Costs."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_143/GS_143-126.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:22:33Z","sha256":"cd476e8bc1c83922c93453946dc9f626af82c5c9bd406bebc493167baa450389","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-143-125","next":"us-nc/n.c.-gen.-stat.-143-126.1"},"notice":"GroundRules: Original legal text. Not legal advice."}