State Unemployment Benefits in North Carolina

State Unemployment Benefits in North Carolina: key facts

Administering agency

NC Division of Employment Security (DES), created within the NC Department of Commerce (N.C.G.S. 96-3).

UI Support Center

888-737-0259, Monday through Friday, 8 a.m. to 5 p.m. (individuals; employers use the UI Employer Support Center at 866-278-3822).

Benefits accrued before the death

DES's Interpretations Manual answers this in Interpretation No. 131: on death, title to the claimant's personal property passes to the executor or administrator, and the next of kin have no right to it until the estate is administered. Where no personal representative has qualified, benefits accrued before death may be paid to the Clerk of Superior Court of the county where the claimant lived, under the pay-to-the-clerk statute; above that ceiling DES must pay an executor or administrator, and may withhold the benefits until one is appointed. The interpretation cites the superseded G.S. 28-68 ($500); the current statute is N.C.G.S. 28A-25-6, which caps clerk payments at $5,000. DES states that its interpretations are not binding on the public.

Reissuing an uncashed check

DES maintains a "Request Reissue of Check — Claimant Deceased" document for requesting reissuance of a deceased claimant's check, but does not post the form file itself, so the requirements and the eligible recipient must be confirmed with DES directly.

Reporting a death

DES directs claim assistance to the UI Support Center at 888-737-0259; its central office at 700 Wade Avenue, Raleigh is a secure facility. The DES mailing address is P.O. Box 25903, Raleigh, NC 27611-5903.

Benefits the claimant was not entitled to

A person paid benefits they were not entitled to is liable to repay the Division (N.C.G.S. 96-18(g)(2)). But where the claimant died after the payment was made, the Division may decline to collect the overpayment and may remove the debt from its records (N.C.G.S. 96-18(g)(3)f). An estate should confirm with DES rather than assume repayment is owed.

Governing law: N.C.G.S. Chapter 96 (Employment Security); N.C.G.S. 28A-25-6 (payment to clerk of money owed decedent)

Steps to take when someone dies

1. Call the DES UI Support Center at 888-737-0259 to report the claimant's death and stop further benefit payments.
2. Ask DES whether any benefit accrued before the death remains payable, and what documentation of your authority DES requires.
3. Qualify as executor or administrator with the Clerk of Superior Court if no personal representative has been appointed — under Interpretation No. 131 the accrued benefits belong to the estate, and DES may withhold them until someone qualifies.
4. For a small amount, ask DES and the Clerk about payment to the Clerk of Superior Court of the county where the claimant lived (N.C.G.S. 28A-25-6, capped at $5,000), or about collecting by small-estate affidavit under N.C.G.S. 28A-25-1.
5. If DES identifies an uncashed check, ask for its "Request Reissue of Check — Claimant Deceased" document and follow the instructions DES provides.

Frequently asked questions