Can a relative pay directly or can we split the payment between us? – North Carolina

Short Answer

Under North Carolina probate law, the clerk of superior court mainly cares that required court costs and fees are paid in full and on time, not who writes the check. A relative may usually pay probate costs directly, and family members can split payments among themselves, as long as the full amount is paid when due. However, those payments are generally treated as estate costs owed or reimbursable through the estate’s accounting, so they should be documented carefully.

Understanding the Problem

The narrow question is whether, in a North Carolina probate or estate administration, court costs and similar required payments must come from the personal representative or estate funds, or whether a relative can pay directly or split the amount with someone else. The concern is whether the clerk of superior court will accept payment if a non‑fiduciary writes the check or if the total amount is divided among several people at the counter or over time. This question arises in the probate context when one family member is serving as executor or administrator, and others are willing to help cover filing fees, gross estate fees, or related probate expenses.

Apply the Law

North Carolina law sets what probate costs must be paid to the clerk and when, but it does not strictly control which individual’s pocket the money comes from. The statutes focus on (1) the type and amount of costs, (2) when they are due, and (3) how they are charged to the estate or parties. The clerk’s records and the estate’s accountings must show that the proper probate costs were paid and by or on behalf of the estate or responsible party.

Key Requirements

Required costs must be paid in full: Probate filings trigger fixed and percentage‑based costs that must be paid to the clerk of superior court in the correct amount.
Certain fees are due at filing or before approval: Some fees are due when a petition or affidavit is filed, and remaining “gross estate” fees must be paid before the clerk approves the final account or closing paperwork.
Costs are chargeable to the estate, even if a relative advances them: By default, probate costs are treated as expenses of administration payable from the estate, even if a family member or other third party advances the funds.

What the Statutes Say

N.C. Gen. Stat. § 7A-307 (Costs in administration of estates) – lists the specific court costs and gross estate percentage fees for estate administrations and when they are due.
N.C. Gen. Stat. § 7A-306 (Costs in special proceedings) – sets out similar cost rules when an estate matter is handled as a special proceeding.
N.C. Gen. Stat. § 6-31 (Costs where personal representative is a party) – provides that costs in actions by or against an executor or administrator are chargeable to the estate or fund represented, unless the court orders otherwise.

Analysis

Apply the Rule to the Facts: Because no specific facts are given, consider two simple variations. In one scenario, an executor appears at the clerk’s office to open an estate and a sibling writes the check for the initial filing costs; the clerk may accept that payment as long as the correct amount is paid and recorded, and the executor later reports that payment as an estate cost (either reimbursing the sibling or treating it as a contribution). In a second scenario, several relatives agree to split the gross estate fee before the final account is approved; they may pool funds or write separate checks as allowed by the local clerk, but the estate accounting still shows the total as a single estate cost.

Process & Timing

Who files: The personal representative (executor, administrator, or collector). Where: The Clerk of Superior Court, Estates Division, in the North Carolina county where the decedent was domiciled. What: Initial filings such as an Application for Letters (AOC-E-201) or Collection by Affidavit (AOC-E-203), with required initial costs under § 7A-307. When: Initial fees are paid at filing; additional “gross estate” fees are paid as inventory and accountings disclose more assets.
As the estate progresses, the personal representative files an Inventory and one or more Accountings. Each report may trigger additional gross estate costs. Those costs must be satisfied before the clerk approves the relevant filing, regardless of which family member physically pays the clerk.
At closing, the personal representative files the final account. The clerk calculates any remaining gross estate fees and requires full payment before signing an order approving the final account and closing the estate. The estate’s accounting should show who advanced any court costs so the estate can reimburse them if appropriate.

Exceptions & Pitfalls

In some limited situations (for example, small collections by affidavit below a statutory threshold), probate fees may be waived; that is a separate decision from who physically pays if any fee is due.
Local clerk offices may have practical rules about payment methods (single check versus multiple checks, cash limits, or online payments) that can affect how family members split costs.
If a relative pays costs and the estate later reimburses that person, the personal representative should keep clear receipts and show the reimbursement on the accounting to avoid questions from the clerk or beneficiaries.
If a court later orders costs to be paid personally by a party for misconduct, that person—not the estate—bears those costs even if a relative originally advanced them.

Conclusion

North Carolina probate statutes focus on the type and timing of estate administration costs, not on which individual’s bank account they come from. A relative may pay court costs directly, and family members may split the amount, so long as the total required fees are paid when filings are made and before the final account is approved. The key next step is to coordinate with the clerk’s office on acceptable payment methods and record any relative’s payments clearly in the estate accounting.

Talk to a Probate Attorney

If a North Carolina estate is in probate and family members are trying to figure out how to handle filing fees and gross estate costs, our firm has experienced attorneys who can help explain options, reimbursements, and timing. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.