Short Answer

In North Carolina, start by requesting the listing agreement and commission terms directly from the personal representatives (executors). You may also review the estate file at the Clerk of Superior Court for the inventory and accountings, which should disclose broker commissions as estate expenses. If the executors do not cooperate, you can file an estate proceeding with the Clerk to compel a full accounting and document production; the Clerk can order compliance within a short, set time.

Understanding the Problem

You want to know how you, as a North Carolina heir/co-tenant, can see the signed listing agreement and the commission terms for an estate-owned property that co-executors listed without sharing documents. One buyer missed a due diligence deadline, and you are concerned a commission may still be owed. You also want transparency because the executors are making repair and management decisions without sharing paperwork.

Apply the Law

Under North Carolina law, personal representatives have a fiduciary duty to settle the estate promptly and in the best interests of all beneficiaries and heirs. They may hire agents, such as real estate brokers, and enter contracts as part of administration. They must also file a timely inventory and periodic accounts with the Clerk of Superior Court. If information is withheld, an interested party (like a beneficiary or heir) can petition the Clerk in the estate file to compel a full accounting and supporting documentation. Estate proceedings allow the Clerk to issue orders and subpoenas and to set deadlines for compliance.

Key Requirements

• Fiduciary duty and authority: Executors must act for the best interests of all interested persons and may retain brokers and sign listing agreements if consistent with their authority and the estate’s needs.
• Inventory and accounts: An inventory is due within three months of qualification, and annual/final accounts must show receipts and disbursements, including broker commissions.
• Right to compel information: Any interested party can ask the Clerk to order a full and satisfactory account within a set period if the executor fails to provide information.
• Estate proceeding tools: In a contested estate proceeding, the Clerk can apply selected civil procedure rules and issue subpoenas to obtain specific documents like the listing agreement.
• Forum and oversight: The Clerk of Superior Court (in the county where the estate is administered) oversees inventories, accounts, and related petitions.

What the Statutes Say

• N.C. Gen. Stat. § 28A-13-3 (Powers of personal representative) – allows hiring agents and entering contracts needed to administer the estate.
• N.C. Gen. Stat. § 28A-20-1 (Inventory within three months) – requires a timely inventory of estate assets.
• N.C. Gen. Stat. § 28A-21-4 (Failure to account; order to compel) – permits the Clerk to order an accounting and enforce compliance.
• N.C. Gen. Stat. § 28A-2-6 (Estate proceeding procedures) – governs petitions before the Clerk and allows subpoenas and selected discovery rules.

Analysis

Apply the Rule to the Facts: Because co-executors listed the property, they likely used their statutory power to hire a broker and sign a listing. They must still keep interested persons informed and document expenses. If they won’t share the listing agreement or commission terms, you can use the estate file to review the inventory and any accounts. If those filings do not disclose the commission or documents, file a petition before the Clerk to compel a full accounting with supporting documents, which can include the listing agreement and commission schedule.

Process & Timing

1. Who files: Any interested heir/beneficiary. Where: File in the existing estate case with the Clerk of Superior Court in the North Carolina county where the estate is administered. What: Petition for an order compelling a full accounting and production of supporting documents (e.g., the listing agreement and broker invoice); the Clerk will issue an Estate Proceeding Summons to respondents. When: You may file as soon as you identify the information gap; the Clerk’s order typically requires compliance within about 20 days.
2. The Clerk may set a hearing if contested, apply selected Rules of Civil Procedure (including subpoenas), and direct the executors to produce the listing agreement, commission terms, and related correspondence. Timing varies by county; expect several weeks to a few months if a hearing is needed.
3. Upon compliance, you review the account and supporting vouchers. If the executors do not comply, the Clerk can use contempt remedies or consider removal in serious cases. The expected outcome is a written order and the executors’ production of the requested documents.

Exceptions & Pitfalls

• Executors can retain a broker without prior beneficiary approval if within their authority. Lack of notice does not automatically void the listing, but transparency is still required through accountings.
• Real property authority matters. If the will does not give the executors control over real estate, they may need a court order or a statutory sale proceeding; this can affect who is liable for a commission. When in doubt, seek a ruling in the estate proceeding.
• Don’t wait for year-end. You need not wait for the annual account—move to compel an interim “full and satisfactory account” if key documents are being withheld.
• Service and parties. Name and properly serve all required parties in the estate proceeding to avoid delays or dismissal.

Talk to a Partition Action Attorney

If you’re dealing with an estate property listing and need the agreement or commission details, our firm has experienced attorneys who can help you understand your options and timelines. 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.