The Short Answer

Even though your question mentions North Carolina, if the probate administration is in Florida, the person with legal authority to resolve a deceased person’s vehicle total-loss insurance claim is usually the Florida personal representative (or, in some small estates, a person authorized by the court for a limited transfer).

In practice, resolving the claim often turns on who has authority to sign, how the vehicle’s title is handled, and whether there is a lienholder—all issues that can create delays or rejected payouts if handled incorrectly.

What Florida Law Says

In a Florida probate, the personal representative is generally the fiduciary who takes control of estate property and handles estate business—this can include dealing with an insurer, endorsing settlement checks, and handling the estate’s interest in a vehicle that has been declared a total loss.

The Statute

The primary law governing this issue is Fla. Stat. § 733.607.

This statute establishes that the personal representative generally has the right to (and must) take possession or control of the decedent’s property (with limited exceptions such as protected homestead) and take steps reasonably necessary to manage and preserve estate assets until distribution.

Related Florida statutes often implicated in a total-loss vehicle situation include the personal representative’s broad authority to manage estate assets (including insuring assets and executing necessary instruments) under Fla. Stat. § 733.612, and Florida’s vehicle title “operation of law” transfer rules under Fla. Stat. § 319.28.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to a total-loss claim during probate is rarely simple. Legal outcomes often depend on:

• Authority and paperwork: Insurers commonly require proof of who can act for the estate (for example, Letters of Administration). If the wrong person signs releases or endorses checks, the claim can stall or create liability.
• Title and salvage issues: A total loss frequently triggers title/salvage handling questions. Florida title transfer rules (including transfer “by operation of law”) can affect whether the insurer will pay, who must sign, and what happens to the vehicle after the settlement. See Fla. Stat. § 319.28.
• Liens and who gets paid: If there is a lienholder, the settlement check may need to include the lienholder, and disputes can arise about payoff amounts and timing. Florida also has specific rules about lien searches and joint payments in certain total-loss contexts. See Fla. Stat. § 627.743.

Trying to handle this alone can lead to a denied payout, a check that can’t be negotiated, or probate accounting problems—especially if the claim proceeds must be treated as an estate asset and reported correctly.

If you want more background on related probate vehicle issues, you may find these helpful: What happens to a car loan or lien during probate in Florida? and Can I transfer or salvage my deceased parent’s out-of-state titled vehicles without a will in Florida?.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.