Can an executor get paid for their time, and what if the will says the executor can’t charge a fee? – North Carolina

Short Answer

In North Carolina, an executor (called a “personal representative”) can usually be paid a commission for time and responsibility, but the amount is not automatic and typically requires approval by the Clerk of Superior Court. If the will sets the executor’s compensation (including saying no fee), that direction generally controls once the executor accepts the appointment. Even when a will limits or waives compensation, the estate can still reimburse proper out-of-pocket expenses, and the executor can always decline to serve if the role is not worth the time.

Understanding the Problem

Under North Carolina probate practice, the decision point is whether accepting appointment as executor is worth the time when the will may not provide any payment for serving. The question focuses on whether a personal representative can be compensated for administering the estate, and what happens when the will says the executor cannot charge a fee. The key trigger is qualification and appointment by the Clerk of Superior Court in the county where the estate is administered, because compensation is handled as part of the estate administration process.

Apply the Law

North Carolina allows a personal representative to receive commissions for administering an estate, but commissions are not “self-approved.” The Clerk of Superior Court has a central role in allowing (approving) commissions, and the amount depends on the work performed and the circumstances. A will can also control compensation by setting a specific amount, a method, a cap, or by stating that the executor will serve without a fee; when the will clearly directs compensation (including a waiver), that direction generally governs the executor’s right to commissions after qualification. Separately, reasonable estate administration expenses are typically handled as reimbursements rather than “fees for time.”

Key Requirements

Appointment and court oversight: The executor’s compensation is handled through the estate administration supervised by the Clerk of Superior Court, not by the executor simply paying themselves.
Will terms matter: If the will sets compensation or says the executor cannot charge a fee, that language usually controls the executor’s ability to take commissions for time.
Approval and documentation: Commissions are typically requested by petition and supported by estate accountings/records; paying commissions without approval can create serious problems.

What the Statutes Say

N.C. Gen. Stat. Chapter 28A (Administration of Decedents’ Estates) – North Carolina’s main probate administration chapter, including rules governing personal representative duties, accountings, and compensation-related procedures.

Analysis

Apply the Rule to the Facts: Here, the will is on file in the local jurisdiction and an appointment as executor is being offered. Under North Carolina practice, whether compensation is available turns first on what the will says about executor fees and second on whether the Clerk of Superior Court will allow commissions based on the work and responsibility involved. If the will clearly says the executor cannot charge a fee, serving may still be worthwhile if the executor is also a beneficiary, if the estate is simple, or if reimbursement of expenses (not “time”) covers the practical costs of serving.

Process & Timing

Who files: The nominated executor (or another qualified person if the nominee declines). Where: The Clerk of Superior Court (Estates) in the North Carolina county where the estate is opened. What: An application to qualify and receive letters (letters testamentary), plus the required initial filings the clerk requires. When: After death, when ready to begin administration; local scheduling and requirements vary by county.
Requesting payment: If commissions are allowed under the will and applicable rules, the personal representative typically requests commissions through the estate accounting process and/or a petition for commissions submitted to the Clerk. In many counties, the Clerk expects the request to be tied to an accounting so the receipts, disbursements, and work performed can be evaluated.
Approval and payment: The Clerk enters an order allowing commissions (if any). Only after approval should commissions be paid from estate funds. If the will prohibits fees, the safer approach is to treat the role as unpaid (while still tracking reimbursable expenses) unless the Clerk directs otherwise.

Exceptions & Pitfalls

Paying without approval: Taking commissions before the Clerk approves them can trigger objections, repayment demands, and even removal in serious cases.
Confusing “commissions” with reimbursements: Even when a will says no fee, legitimate out-of-pocket estate administration expenses may still be reimbursable if properly documented and appropriate for the estate.
Assuming the “maximum” applies: North Carolina practice treats the statutory percentage as a ceiling in many situations, not an automatic entitlement; the Clerk considers the time, responsibility, trouble, and skill involved.
Side deals with beneficiaries: Private agreements to pay an executor “extra” outside the court-approved process can create enforceability and fairness problems.
Tax questions: Compensation versus inheritance can have different tax treatment. A tax attorney or CPA should review any tax-driven decision to waive or accept commissions.

For more background on the role itself, see what an executor does in probate. For the practical approval side, see how a personal representative commission is approved.

Conclusion

In North Carolina, an executor can often be paid for serving, but commissions are typically subject to the Clerk of Superior Court’s approval and are not automatic. If the will clearly says the executor cannot charge a fee (or sets a lower amount), that direction generally controls once the executor qualifies. The most important next step is to review the will’s compensation clause before accepting appointment and, if serving proceeds, submit any commission request to the Clerk for approval before paying it.

Talk to a Probate Attorney

If serving as executor is on the table and the will limits or waives executor fees, a probate attorney can help evaluate whether the role is worth the time, what expenses can be reimbursed, and how to request (or properly waive) compensation through the Clerk of Superior Court. 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.