North Carolina Funeral Law Practice Exam

If there has been no representative of the estate appointed after a death, where should preneed funeral funds greater than $100 be made payable to?

1. The funeral establishment directly

2. The deceased’s family

3. The clerk of superior court in the county of probate

4. The local health department

The correct answer is: The clerk of superior court in the county of probate

In cases where there is no representative of the estate appointed after a death, preneed funeral funds that exceed $100 should be made payable to the clerk of superior court in the county of probate. This is principally because the clerk of superior court serves as a neutral party and is responsible for managing estate matters in the absence of an appointed personal representative. By directing the funds to the clerk, it ensures that they are properly overseen and available for the payment of funeral expenses as mandated by the probate court, thus maintaining the integrity and proper use of the funds. Choosing options like the funeral establishment directly or the deceased’s family fails to account for the need for formal oversight in the absence of an estate representative. Similarly, directing the funds to the local health department does not align with the probate process and the management of estate assets. Therefore, making the funds payable to the clerk of superior court ensures adherence to legal procedures in handling the decedent's financial matters.