Detailed Answer
Probate in North Carolina requires a personal representative to settle an estate under court supervision. Often, the personal representative hires an attorney to guide the process. North Carolina law authorizes the clerk of superior court to allow reasonable attorney’s fees in probate. This authority appears in G.S. 28A-18-1, while the personal representative’s commission appears in G.S. 28A-18-2.
Under G.S. 28A-18-1, the personal representative files a petition listing services performed by the attorney, hours worked, and the requested fee. The clerk reviews this petition and may hold a hearing. Interested parties can object within ten days of notice. If the clerk approves the petition, the order sets the final fee amount.
Once allowed, attorney’s fees have priority over many claims against the estate. The estate pays debts, taxes, the personal representative’s commission, and attorney’s fees in the order of priority established by G.S. 28A-17-1.
Court approval ensures fees reflect an attorney’s experience, the complexity of the estate, time spent, and customary local rates. The clerk or judge weighs these factors when approving fee petitions to ensure fairness to the estate and its beneficiaries.
Key Points to Consider
- Statutory Framework: Attorney’s fees are governed by G.S. 28A-18-1 and the personal representative’s commission by G.S. 28A-18-2.
- Fee Petition: The petition must describe services, time spent, and proposed fee. Objecting parties have ten days to file objections after notice.
- Hearing: The clerk may schedule a hearing if disputes arise over the requested fees.
- Priority of Payment: Allowed attorney’s fees rank ahead of most creditors and beneficiaries under G.S. 28A-17-1.
- Reasonableness Factors: The court considers complexity, time, skill, and local market rates when approving fees.
- Final Distribution: The estate distributes remaining assets after paying debts, commissions, and approved fees.
Attorney’s fees in North Carolina probate require court approval through a detailed petition to the clerk. Following G.S. 28A-18-1 ensures fees reflect the work performed and protects beneficiaries’ interests.
Pierce Law Group has attorneys with many years of probate experience ready to guide personal representatives through the fee approval process. Contact us by emailing intake@piercelaw.com or calling (919) 341-7055 to schedule a consultation.
