Estate Settlement for Veterans With VA Benefits in North Carolina

The Hidden Money: What Veteran Survivors Don’t Know to Claim

A veteran dies in North Carolina. Their surviving spouse and children face grief, funeral arrangements, and the immediate practical decisions that come with loss. Within weeks, the family discovers the probate process. They hire an attorney, open the estate, or navigate it alone. Court filings, creditor notices, asset inventories, and tax returns consume their attention for months.

But while the family focuses on probate, they may miss something far more valuable: thousands of dollars in VA benefits they don’t know they’re eligible to claim.

Dependency and Indemnity Compensation (DIC) alone can provide a surviving spouse $1,786 per month, every month, for the rest of their life. A veteran’s accrued benefits could be worth several months of compensation, but only if claimed within one year of death. Burial benefits can cover the entire cost of a veteran’s funeral, from gravesite to headstone. CHAMPVA healthcare provides the surviving family comprehensive medical coverage with minimal out-of-pocket costs.

Yet these benefits sit unclaimed. The VA does not proactively contact families. Probate attorneys handle the estate but typically don’t address VA benefits. Families assume military benefits ended when the veteran died. And the process to claim them? It’s bureaucratic, confusing, and operates on a timeline completely separate from probate.

North Carolina has over 700,000 veterans and nearly 100,000 veteran deaths per decade. Yet there is almost no clear guidance connecting the probate process with the VA claims process. This article fills that gap.

The VA Benefits Landscape: What Surviving Families Often Miss

Survivor and dependent benefits are among the most valuable programs the VA offers. They exist explicitly to provide financial security to the families veterans left behind. The benefits are substantial, tax-free, and available to most survivors who know to apply.

The problem is simple: most don’t know they exist.

Overview of Major Survivor and Dependent Benefits

Eligible veteran survivors may qualify for multiple benefits, each with its own application process, eligibility criteria, and timeline:

Dependency and Indemnity Compensation (DIC) is monthly income paid to surviving spouses and children. For a surviving spouse with two children, this can total $2,986 per month or $35,832 per year. DIC is tax-free and continues for life (for the surviving spouse, unless they remarry before age 57).

Accrued benefits are monthly VA payments owed to the veteran but not yet paid at the time of death. A veteran approved for a disability rating, an increase, or a pension in the month they died may have accrued benefits waiting. These must be claimed within one year of death. After that, the right to claim is forfeited permanently.

VA burial and funeral benefits cover up to $2,000 for private cemetery burial, or provide free burial in a VA national cemetery (covering all costs, including perpetual grounds care and a headstone). The total value can range from $2,000 to $23,000 or more depending on the type of burial.

CHAMPVA (Civilian Health and Medical Program of the VA) provides healthcare coverage to surviving spouses and children comparable to military TRICARE. For working-age survivors, this coverage is often superior to regular Medicare.

GI Bill education benefits may transfer to surviving children, allowing them to attend college or trade school with tuition and monthly stipends paid by the VA.

Survivor Benefit Plan (SBP) annuities continue to the surviving spouse and children if the veteran was a military retiree who elected SBP.

Servicemembers’ Group Life Insurance (SGLI) and Veterans’ Group Life Insurance (VGLI) may provide lump-sum death benefits to named beneficiaries.

Each of these benefits is paid directly to the eligible survivors. None of them pass through the probate estate. This means they are not subject to creditors, court fees, or probate delays. But it also means the executor has no responsibility for claiming them, and surviving families must file separately.

Why Families Miss VA Benefits

The reasons are systemic and entirely understandable:

The VA doesn’t send a check automatically. When an insurance beneficiary dies, their life insurance company contacts the beneficiaries directly. The VA does not. There is no death benefit department calling the surviving spouse with a letter of sympathies and an application form. It is the survivor’s responsibility to learn that benefits exist, research eligibility, gather documentation, and file.

Probate attorneys typically don’t address VA benefits. Most probate lawyers are trained in state property law, creditor claims, and estate distribution. VA benefits fall into a separate federal system with different rules, deadlines, and procedures. An attorney handling the probate may mention SGLI or burial benefits in passing, but rarely addresses DIC, accrued benefits, or CHAMPVA. The family assumes that if it were important, the attorney would mention it.

The forms are complex and the terminology is foreign. VA Form 21-534EZ (Application for DIC, Death Compensation, or Accrued Benefits) is 15+ pages of questions, instructions, and boxes that seem intentionally designed to confuse. The VA has its own vocabulary: accrued benefits, non-service-connected, character of discharge, dependent status. For families with no military background, the entire system is opaque.

There’s a one-year deadline for accrued benefits, and families don’t know it. This is perhaps the most consequential reason benefits are missed. Accrued benefits must be claimed within one year of the veteran’s death. After that, the right to claim is gone forever. Yet there is nothing in a death notice or funeral arrangements or probate filing that reminds the family of this deadline. By the time the estate is through probate (often 9-12 months), the one-year window is closing or already closed.

NC’s county Veteran Service Officer network is unknown to most families. Every county in North Carolina has a Veteran Service Officer (VSO) appointed by the county to help veterans and their families navigate the VA process. These officers are trained in VA benefits, can represent survivors before the VA, and provide the service entirely free. Yet few surviving families know this resource exists.

Understanding the VA Claims Process vs. Probate

This distinction is critical to understanding how to maximize veteran survivor benefits:

VA benefits claims are completely separate from probate. The VA is a federal system. Probate is a state process. They operate on different timelines, use different forms, and answer to different rules. A surviving spouse does not need to wait for probate to open, for the estate to be inventoried, or for the court to approve distributions. The spouse can file for VA benefits immediately.

In fact, waiting is often a mistake. The longer a family waits to file VA claims, the longer they go without benefits and the closer they move to the one-year deadline for accrued benefits.

A well-organized family can file for probate and VA benefits simultaneously. The executor manages the probate. A surviving spouse files VA claims independently (or with help from a county VSO). These two processes run in parallel. When probate closes, the family has already been receiving DIC payments for months and has secured education benefits for their children.

Afterpath recognizes this distinction. When you indicate that the deceased was a veteran, the platform separates VA benefit claims from probate administration, generates county VSO contact information automatically, and flags accrued benefits with a separate one-year deadline reminder.

DIC: The Survivor Monthly Income Benefit

Dependency and Indemnity Compensation is the most valuable VA survivor benefit for most families. It provides monthly income to the surviving spouse and children of a veteran who died in service or from a service-connected condition. For many families, DIC is the financial foundation that makes the difference between stability and crisis.

DIC Eligibility: Who Qualifies

DIC eligibility is determined by the circumstances of the veteran’s death and the relationship of the survivor to the veteran at the time of death.

The veteran died in service, or from a service-connected condition: A service-connected death is one where the death was caused or accelerated by a condition related to military service. This includes combat-related deaths, deaths from injuries incurred in service, and deaths from diseases incurred or aggravated by service.

The veteran does not need to have been rated disabled by the VA at the time of death. However, if the veteran was not actively receiving VA disability compensation at the time of death, it is helpful (but not required) to have medical records documenting the service-connected condition.

Alternatively, the veteran was rated totally disabled from a service-connected condition for at least 10 years: Even if the death was not directly service-connected, a veteran who was rated 100% disabled (or unemployable due to a service-connected condition) for a continuous period of 10 or more years before death qualifies his survivors for DIC. This 10-year rule is particularly valuable because it allows survivors of veterans who died from unrelated causes to still claim DIC if the veteran had a long-standing disability rating.

The surviving spouse was married to the veteran at the time of death: The surviving spouse must have been married to the veteran at the time of death. Marriage status on the date of death is what matters. A survivor in a committed relationship but not legally married does not qualify for DIC, but may qualify for other benefits if they are dependent on the veteran’s income.

Remarriage and DIC termination: DIC continues for the surviving spouse for life, with one important exception: if the surviving spouse remarries before age 57, DIC terminates. However, if the surviving spouse remarries after age 57, DIC continues. This is an important planning consideration. A surviving spouse who is 56 and considering remarriage should understand the financial implications of that decision.

Dependent children qualify if: They are unmarried, under age 23, and in school (or pursuing an approved vocational program). Children disabled before age 23 remain eligible at any age, disabled or not.

DIC Monthly Rates and Amounts

DIC rates are set by Congress and adjusted annually each December to account for cost-of-living increases. Rates vary based on the family structure.

A surviving spouse with no dependent children receives a base monthly rate of approximately $1,786 (2024 rate). This amount increases each year with the cost-of-living adjustment.

Each dependent child adds approximately $600 per month to the family’s DIC payment (the exact amount varies depending on the number of family members).

Example: A veteran dies from service-connected cancer. The surviving spouse is 52. They have two children, ages 16 and 18, both in school.

The family qualifies for DIC as follows:

• Surviving spouse base amount: $1,786
• First child: $600
• Second child: $600
• Total monthly DIC: $2,986

This equals $35,832 per year in tax-free income for as long as the children are in school and until the oldest ages out. When the oldest child finishes school at age 23, the family’s DIC drops to $2,386/month. When the younger child ages out, it drops again to the surviving spouse’s base amount of $1,786/month for life.

DIC is wholly tax-free. The family does not report it as income to the IRS. In probate and estate planning contexts, DIC is not counted as an asset of the estate.

DIC is not means-tested. There is no income limit. A surviving spouse can be a millionaire and still receive full DIC. The benefit is based on service and death, not financial need.

Filing for DIC: The Application Process

To claim DIC, file VA Form 21-534EZ (Application for DIC, Death Compensation, or Accrued Benefits). The form is available at VA.gov or through your county Veteran Service Officer.

Required documentation:

• Veteran’s death certificate (certified copy, not a photocopy)
• Veteran’s DD-214 (Certificate of Release or Discharge from Active Duty)
• Surviving spouse’s birth certificate
• Marriage certificate
• Birth certificates of all dependent children
• The veteran’s VA claim file number (if available)

Where to file: Submit to the VA Regional Office serving North Carolina. Your county VSO can submit the application on your behalf and act as your representative before the VA. This is a free service.

Processing timeline: The VA typically processes DIC applications within 3 to 6 months. Once approved, DIC begins the following month, and a lump-sum back payment is issued covering all benefits from the date of approval back to the date of death (or the veteran’s death, if that is more recent).

Example timeline:

• Veteran dies January 15
• Surviving spouse files VA Form 21-534EZ on March 1
• VA approves the claim on June 30
• DIC begins July 1
• Surviving spouse receives first monthly payment of $1,786 on July 1, plus back pay covering Feb 1, March 1, April 1, May 1, June 1 (five months = $8,930)

The back-pay lump sum provides crucial cash when the family needs it most: after funeral expenses, in the first months of grief when decision-making is difficult.

File sooner rather than later: If DIC is filed within one year of the veteran’s death, benefits are retroactive to the date of death. If filed after one year, benefits begin on the date the VA receives the application, and the survivor loses the retroactive benefit.

Accrued Benefits: The One-Year Deadline You Cannot Miss

Accrued benefits are one of the most frequently missed VA benefits for deceased veterans. The reason is simple: there is a one-year deadline from the date of death, and the deadline is absolute and unforgiving.

What Are Accrued Benefits?

Accrued benefits are monthly VA payments owed to the veteran but not yet paid at the time of death. Common scenarios include:

• A veteran is approved for a disability rating effective December 1. The veteran dies December 15. The December payment was never made. The family can claim that $2,000 (or whatever the approved amount was) as accrued benefits.
• A veteran has a pending appeal for a rating increase. The appeal is approved in the month the veteran dies, but the first payment hasn’t been issued. The veteran’s family can claim accrued benefits.
• A veteran is approved for a VA pension effective a certain date but dies before the first payment. Accrued benefits cover that month’s payment.

The amount is typically one to three months of the veteran’s benefit, but can be higher if the approved benefits began shortly before death.

The One-Year Deadline is Absolute

Accrued benefits must be claimed within one year of the veteran’s death. After one year, the right to claim is forfeited permanently. The VA will not make exceptions. There is no appeal process. There is no way to reinstate the claim.

This deadline is the reason families work with county VSOs and file VA applications immediately after a veteran’s death, rather than waiting for probate to conclude.

Many families naturally delay. The executor needs to open the estate. Probate takes months. By the time everyone is organized and thinking clearly (often 8-10 months after death), the one-year accrued benefits deadline is approaching or has passed.

Accrued benefits are not a large amount in most cases. One month of a $2,000 disability payment is $2,000, not life-changing. But multiply that across North Carolina’s 100,000+ veteran deaths per decade, and the unclaimed money is substantial. For individual families, accrued benefits can pay for a home repair, a medical bill, a car repair, or help a surviving spouse bridge the gap until DIC begins.

Claiming Accrued Benefits

Accrued benefits are claimed on the same form as DIC: VA Form 21-534EZ. The form allows you to request both DIC and accrued benefits in a single application.

Required documentation: Same as DIC (death certificate, DD-214, birth certificates, marriage certificate, etc.)

Where to file: VA Regional Office or through your county VSO.

Processing timeline: Like DIC claims, 3 to 6 months. Accrued benefits are paid in a lump sum once the claim is approved.

Accrued benefits and estate administration: This is important: accrued benefits paid by the VA go directly to the eligible survivor and do NOT pass through the probate estate. The executor has no role in claiming accrued benefits. A family member (typically the surviving spouse) files the claim independently.

This independence from probate is an advantage. The family does not need to wait for probate to open or for the court to issue letters of administration. However, it also means the executor might not think about accrued benefits at all. This is where Afterpath’s veteran checklist helps: by flagging accrued benefits as a separate, urgent item with a clear one-year deadline.

VA Burial and Funeral Benefits

North Carolina veterans have access to some of the most valuable burial benefits in the country. Veterans buried in VA national cemeteries receive completely free burial, including gravesite, grave opening and closing, perpetual grounds care, and a government headstone. Veterans buried in private cemeteries can receive a reimbursement of up to $2,000 for burial expenses, plus an additional $2,000 for plot or niche costs.

These benefits can significantly reduce the financial burden of funeral and burial expenses, which often range from $5,000 to $15,000 or more for traditional burial.

Burial in VA National Cemeteries

North Carolina is home to seven VA national cemeteries and state veterans cemeteries:

VA National Cemeteries:

• Salisbury National Cemetery (Rowan County)
• New Bern National Cemetery (Craven County)
• Raleigh National Cemetery (Wake County)
• Wilmington National Cemetery (New Hanover County)

NC State Veterans Cemeteries:

• Western Carolina State Veterans Cemetery (Buncombe County)
• Coastal Carolina State Veterans Cemetery (Onslow County)
• Sandhills State Veterans Cemetery (Hoke County)

Burial in any of these cemeteries is free to the family. The VA covers all costs: gravesite, grave opening and closing, perpetual care, and a government-provided headstone or marker.

Eligibility: Most veterans with an honorable or general discharge qualify. Some veterans with other-than-honorable discharges may qualify if the circumstances warrant. Verify eligibility with the national cemetery directly.

Application process: Contact the nearest VA national cemetery and request a pre-need application (if the veteran is living) or a burial application (after death). Provide the veteran’s DD-214. The cemetery conducts an eligibility verification and reserves a gravesite for the veteran and surviving spouse.

After death, the family provides a death certificate, and the cemetery schedules the burial. Processing typically occurs within 2 to 4 weeks, allowing time for funeral arrangements to be finalized.

Headstone or marker: A government headstone or marker is provided at no cost. Families choose from several standard designs and finishes. The headstone includes the veteran’s name, branch of service, rank, and dates of service. Families may request the addition of a brief personal inscription.

Burial flag and Presidential Memorial Certificate: A burial flag (folded American flag) is presented to the family and is a meaningful keepsake. A Presidential Memorial Certificate is also sent to the next of kin.

Private Cemetery Burial Benefits

If the veteran is buried in a private cemetery (not a VA national cemetery), the VA reimburses burial expenses up to certain limits.

Burial allowance (non-service-connected death): Up to $2,000 reimbursement for burial and funeral expenses if the veteran was receiving VA disability compensation or pension, or died in a VA facility.

Burial allowance (service-connected death): A higher reimbursement if the death was service-connected.

Plot allowance: An additional up to $2,000 reimbursement for the cost of the gravesite or niche in a private cemetery.

The family typically pays the funeral home and cemetery first, then submits receipts and an application to the VA for reimbursement. Processing takes 2 to 4 weeks after the VA receives the application.

Headstone from VA: Even if buried in a private cemetery, the VA will provide a government headstone or marker at no cost. Request this through VA Form 40-1161. Allow 4 to 8 weeks for processing and delivery.

Cremation Benefits

If the veteran is cremated in a VA national cemetery columbarium (above-ground crypts for cremains), the VA covers all costs. The cremains can be scattered at no cost at a VA national cemetery, with a marker placed at the columbarium.

For private cremation, the VA may reimburse up to $2,000 for cremation costs. Burial benefits are typically less for cremation than for traditional burial, so consult with the VA on specific reimbursements.

Filing for Burial Benefits

VA Form 21P-530EZ (Application for Burial Benefits) is filed to claim burial reimbursements. File within two years of the burial.

Required documentation: Veteran’s DD-214, death certificate, burial receipt or invoice, and proof of payment.

For national cemetery burial, contact the cemetery directly. For private cemetery burial, submit the form and receipts to the VA Regional Office or county VSO.

CHAMPVA Healthcare for Surviving Families

CHAMPVA (Civilian Health and Medical Program of the VA) is often overlooked in the discussion of VA survivor benefits, but for young surviving families, it may be the most valuable ongoing benefit.

CHAMPVA provides comprehensive healthcare coverage to surviving spouses and children of veterans who died from a service-connected condition. For working-age survivors who are not yet eligible for Medicare, CHAMPVA coverage is often superior to regular health insurance sold through private marketplaces.

Who Is Eligible for CHAMPVA

Surviving spouse: Automatically eligible if the veteran died from a service-connected condition. Remains eligible for life if the survivor does not remarry before age 57. If remarriage occurs after age 57, CHAMPVA continues.

Unmarried children: Automatically eligible until age 23, or up to age 26 if enrolled in an accredited college or university. Children disabled before age 23 remain eligible at any age.

Dependent parents: Parents wholly dependent on the veteran for support may qualify, though this is less common.

CHAMPVA Coverage and Benefits

CHAMPVA is similar to military TRICARE coverage in scope and cost. It provides:

• Primary and specialist care
• Hospitalization
• Mental health and behavioral health services
• Prescription medications
• Emergency services
• Preventive care (no copay)
• Dental coverage (limited)
• Vision coverage (limited)

Cost-sharing includes copays for office visits (typically $20-$25), deductibles (annual per family, approximately $100-$200 per person), and a negotiated coinsurance rate for non-preventive services. An out-of-pocket maximum caps total annual costs to family.

For a young surviving family earning modest income, CHAMPVA coverage is typically far less expensive than marketplace health insurance. There are no lifetime limits and no exclusions for pre-existing conditions.

CHAMPVA Enrollment

The VA automatically identifies eligible survivors and sends a CHAMPVA eligibility letter with enrollment information. The survivor may then choose to enroll or decline coverage.

Important: There is no deadline to enroll, but the survivor should enroll as soon as they receive notification. Enrollment is generally effective from the date the VA confirms eligibility, which may be retroactive to the veteran’s date of death in some cases. This means medical expenses incurred immediately after the veteran’s death may be covered.

Once enrolled, coverage continues for as long as the survivor is eligible (until age 57 if the surviving spouse remarries, or until age 23 for children not in school, etc.).

GI Bill and Education Benefits for Dependent Children

Surviving children of veterans may be eligible to transfer or inherit the veteran’s education benefits, allowing them to pursue college, vocational training, or other approved educational programs with tuition covered by the VA.

Chapter 35 Education and Training Allowance

Also called the Survivors’ and Dependents’ Education Assistance Program (Chapter 35), this benefit provides monthly tuition and living stipends to unmarried children of veterans who died on active duty, or who died from a service-connected condition, or who were totally disabled from a service-connected condition.

Monthly benefit amounts: Vary based on whether the veteran died in service or from service-connected cause, and based on whether the child attends a college, technical school, or approved apprenticeship program. Typical monthly amounts range from $1,000 to $1,500.

Duration: Up to 45 months of education benefits, allowing a child to attend college for approximately four years.

Eligible educational programs: Bachelor’s degree programs, associate degree programs, technical schools, vocational programs, apprenticeships, and certain distance learning programs.

Eligible children: Unmarried children under age 23 of deceased veterans. Children who become disabled before age 23 remain eligible at any age. Children can begin benefits up to age 26 in some circumstances.

Filing for Education Benefits

Application is made using VA Form 22-5490 (Application for Education Assistance Benefits under Chapter 35). File with the VA Regional Office.

Required documentation: Veteran’s DD-214, death certificate, child’s birth certificate, proof of enrollment in an eligible educational institution.

Processing typically takes 4 to 6 weeks. Once approved, monthly education payments are paid directly to the student for each month of enrollment.

Important planning consideration: Education benefits paid through the VA are not subject to probate or estate distribution. The surviving child files the application independently. The executor has no role in managing education benefits. However, the surviving spouse or family member should inform the child about eligibility so the application is filed promptly.

SGLI, VGLI, and Military Retirement Pay

In addition to VA benefits, veteran survivors may receive benefits from military insurance and retirement systems.

Servicemembers’ Group Life Insurance (SGLI) and Veterans’ Group Life Insurance (VGLI)

SGLI provides term life insurance to active-duty service members. Coverage is automatic and continues for 120 days after separation from service. Most service members elect continued coverage by converting SGLI to VGLI (Veterans’ Group Life Insurance) before separation.

If the veteran had SGLI or VGLI in force at the time of death, a lump-sum death benefit (typically $400,000 to $500,000) is paid to the named beneficiary. This benefit does not pass through the probate estate. It is paid directly to the beneficiary listed on the insurance policy.

Verifying SGLI/VGLI coverage: Check military records for the veteran’s beneficiary designation on SGLI. Contact the Office of Servicemembers’ Group Life Insurance (OSGLI) at 1-800-419-1473 to verify coverage and file a claim.

If no beneficiary is named: If the veteran designated “estate” as the beneficiary or named no beneficiary, the SGLI proceeds pass through the probate estate and are distributed according to the will or intestacy laws.

Military Retirement Pay and Survivor Benefit Plan (SBP)

If the veteran was retired from military service (not just a veteran), the Defense Finance and Accounting Service (DFAS) was paying military retirement pay to the veteran. Upon death, DFAS must be notified, and overpayments made after the date of death must be returned.

Many military retirees elect Survivor Benefit Plan (SBP) during their career, which provides a continued monthly annuity to the surviving spouse and children. SBP is typically 50% or 55% of the military pension and continues to the surviving spouse for life (if not remarried) and to children until age 23 or beyond.

Verifying SBP coverage: Contact DFAS at 1-800-321-1080 or online at dfas.mil. DFAS can confirm whether the veteran elected SBP and initiate survivor annuity payments.

SBP and estate administration: Like VA DIC benefits, SBP annuity payments go directly to the surviving spouse and do not pass through the probate estate. The surviving spouse does not need to wait for probate to be completed to begin receiving SBP payments.

The DD-214: Your Most Important Document

Before pursuing any VA benefits, locate the veteran’s DD-214 (Certificate of Release or Discharge from Active Duty). This single document is the key that unlocks virtually every military benefit, from burial honors to survivor pension.

The DD-214 includes:

• Dates of active-duty service
• Character of discharge (honorable, general, other than honorable, dishonorable, bad conduct)
• Military occupational specialty
• Awards and decorations
• Reason for separation

Most VA benefits require an honorable or general discharge. Other-than-honorable or dishonorable discharges may disqualify survivors from many benefits, though exceptions exist for certain claims.

Where to Find the DD-214

Check the veteran’s personal papers first: filing cabinets, safes, safety deposit boxes, and desk drawers.

Many North Carolina veterans recorded their DD-214 with their county Register of Deeds. Contact the register in the county where the veteran lived to request a certified copy.

If you cannot find a copy, request one through eVetRecs (the National Personnel Records Center’s online portal) or submit VA Form SF-180 (Request Pertaining to Military Records). Processing times vary from weeks to months, but a request filed immediately will arrive in time for most VA benefit claims.

Once you have the DD-214 in hand, keep multiple certified copies. You will need it for nearly every VA claim form.

NC’s County Veteran Service Officer Network

Every county in North Carolina has a Veteran Service Officer (VSO) appointed to serve the county’s veteran population. These officers are trained in VA benefits, familiar with the VA claims process, and available to help survivors navigate applications and appeals at no cost.

What a VSO Does

• Counsels veterans and survivors about eligibility for VA benefits
• Helps gather required documentation
• Completes and submits VA benefit applications
• Represents survivors before the VA (acts as the legal representative)
• Tracks claim status and responds to VA requests
• Helps with appeals if claims are denied
• Coordinates with the VA on complex cases

This service is completely free and confidential.

Finding Your County VSO

Search online for “[County Name] Veteran Service Officer North Carolina” or contact the NC Department of Military and Veterans Affairs at 1-800-621-9055 or visit milvets.nc.gov.

Most county VSO offices maintain regular hours and accept walk-ins, though calling ahead is recommended. For families in major population centers, large VSO offices may be available to meet with multiple family members.

County VSOs are often the most practical and effective resource for veteran families. They understand local court processes, have relationships with funeral directors and cemetery staff, and can expedite applications by submitting them directly to the VA.

Coordinating VA Claims With NC Probate

Understanding the relationship between VA benefits claims and probate administration is essential to maximizing what your family receives and completing the process efficiently.

Key Principle: VA Benefits Are Separate From Probate

VA survivor benefits do not pass through the probate estate. They are federal benefits paid directly to eligible survivors. The probate executor has no role in managing VA benefits, claiming them, or distributing them.

This separation has major advantages:

Speed: VA benefits can be applied for immediately, before probate even opens. A surviving spouse can file for DIC on the day of the veteran’s death (in practice, within a week or two, after the death certificate is obtained).

Creditor protection: VA benefits are not available to the veteran’s creditors. Even if the estate is insolvent and creditors receive pennies on the dollar, VA survivor benefits go to the eligible family members in full.

Complexity reduction: The executor does not need to understand VA benefits or coordinate with the VA. The surviving spouse and county VSO manage that relationship.

The Parallel Process Model

The most effective estate administration for veteran families runs VA benefits claims and probate in parallel:

Month 1: Death occurs. Family obtains death certificates. Executor begins probate process (files with Clerk of Superior Court). Surviving spouse files VA benefit applications (DIC, accrued benefits, burial allowance) with county VSO assistance. Arrange veteran’s burial (national cemetery or private, informed by burial benefit options).

Months 2-3: Probate inventory filed with court. Estate administration proceeds. VA benefit applications are being processed. TRICARE and DEERS records updated. Burial completes.

Months 3-6: VA approves benefit applications. Surviving spouse begins receiving DIC monthly payments. Back pay is issued. Probate administration continues independently.

Months 6-12: Probate concludes with asset distribution. Surviving spouse and children are already receiving DIC and accrued benefits are already received. Probate distribution is separate from and does not disturb ongoing VA payments.

This model prevents the common mistake of delaying all action until probate is complete. Families receive money and security months earlier.

What the Executor Should Know About VA Benefits

If you are the executor of a veteran’s estate:

• You are not responsible for filing VA benefit applications
• You should inform the surviving spouse of the accrued benefits one-year deadline
• You should suggest the surviving spouse meet with the county VSO
• Do not include VA benefits (DIC, accrued benefits, burial reimbursements) in the estate inventory as assets
• When distributing the estate, understand that VA benefits are not part of the distributable assets
• Be aware that military retirement pay (if any) and SBP annuities are paid directly to the surviving spouse and do not pass through the estate

For more on probate responsibilities, see our complete guide to NC executor duties.

Practical Strategies for Veteran Families

File VA Claims Immediately

Don’t wait. File for DIC, accrued benefits, and burial benefits within the first 30 days after death. Early filing ensures:

• Accrued benefits are captured (before the one-year deadline approaches)
• DIC payments are retroactive to the date of death (if filed within one year)
• Burial benefits are available to offset funeral costs
• The family receives cash when it’s needed most

Use a County VSO

This is not optional advice. County VSOs are free, trained, and invested in the outcome. They will submit applications, track status, and represent the family before the VA. Using a VSO typically results in faster approvals and higher benefit amounts.

Gather Documentation Systematically

Before filing, compile:

• Multiple certified copies of the death certificate
• DD-214
• Birth certificates of the survivor and children
• Marriage certificate
• Most recent VA correspondence or benefit statements
• Medical records if the death was service-connected

Having everything organized before meeting with the VSO reduces processing time and speeds approvals.

Track Deadlines Carefully

The one-year accrued benefits deadline is the most critical. Mark it on a calendar immediately. Set a reminder two months before. Do not let this deadline pass.

Other important deadlines include burial benefit applications (two years), and CHAMPVA enrollment (no deadline, but enroll immediately to ensure coverage is retroactive).

Keep the Surviving Spouse Informed

If you are the executor and the surviving spouse is a separate person, keep them informed about VA benefits and the importance of filing promptly. The surviving spouse is the primary beneficiary of DIC, accrued benefits, CHAMPVA, and other programs.

When Professional Help Is Needed

Most veteran family situations can be handled by an organized survivor with help from a county VSO. However, consult an attorney or VA-accredited claims agent if:

• The veteran’s discharge characterization affects VA benefit eligibility (and you believe a discharge upgrade is warranted)
• The death was potentially service-connected but the VA disagrees
• The veteran had complex estate assets, business interests, or significant real property
• There are contested claims or disputes over DIC eligibility or family status
• The veteran had outstanding VA debts and the estate is insolvent

Afterpath’s professional marketplace connects you with NC attorneys experienced in both probate and VA benefits. Having the right professional guidance can recover thousands in missed benefits and accelerate the claims process.

The First 48 Hours: Immediate Action Items

In the immediate aftermath of a veteran’s death, priorities are clear but urgent. Use our first 48 hours checklist as your starting point. Additionally, for veteran families:

• Notify the VA immediately. Call the VA Regional Office (for NC: 1-800-827-1000).
• Locate the DD-214.
• Contact your county Veteran Service Officer. Schedule an appointment for the week after the funeral.
• Request multiple certified death certificates (at least 10 copies).
• If the veteran was receiving military retirement, notify DFAS (1-800-321-1080).
• If the veteran had SGLI, contact OSGLI (1-800-419-1473).
• If burial will be in a private cemetery, begin researching VA burial reimbursement to inform burial decisions.

Moving Forward With Confidence

Settling a veteran’s estate is an act of honor. The forms are extensive, the deadlines are firm, and the systems are separate and sometimes contradictory. But every DIC payment claimed, every accrued benefit received, and every burial benefit utilized is money and security for the family the veteran served to protect.

North Carolina has built infrastructure specifically to help veteran families: county Veteran Service Officers, the NC Division of Veterans Affairs, the VA Regional Office, and local court staff who process veteran estates regularly and understand the unique considerations.

You do not have to navigate this alone. Between your county VSO, Afterpath’s step-by-step guidance for veteran estates, and these resources, the pathway to claiming all eligible benefits becomes clear.

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Related Resources

• Military Veteran Estate Settlement in North Carolina - Complete guide to probate for veteran estates
• NC Executor Duties Checklist - Core executor obligations
• First 48 Hours After Death Checklist - Immediate action steps for all families
• How to Start Probate in North Carolina - Opening the estate with the court