Probate Q&A Series

How an Estate Administrator Can Handle an Uncooperative Co-Owner and Attorney Fees in North Carolina Probate

1. Detailed Answer

Probate in North Carolina requires the administrator to manage estate assets and pay debts according to state law. When a co-owner refuses to cooperate or disputes arise over attorney fees, the administrator can use specific legal tools to move the process forward and protect the estate’s interests.

Addressing an Uncooperative Co-Owner

If a co-owner resists selling or distributing property, the administrator may:

  • File for Partition: Under N.C. Gen. Stat. § 46-4 (https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_46/GS_46-4.html), the administrator can ask the clerk of superior court to divide or sell real property held in common. A judge can order a public sale, then divide proceeds among the co-owners.
  • Seek Court Orders: If the co-owner blocks essential estate actions—such as selling a home or liquidating assets—the administrator can petition the court under N.C. Gen. Stat. § 28A-13-8 (https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-13-8.html) for instructions or a sale order. The court may override the co-owner’s refusal if it serves estate creditors and beneficiaries.
  • Remove the Administrator: Co-owner complaints do not justify removal unless the administrator mismanages the estate or acts dishonestly. N.C. Gen. Stat. § 28A-10-4 (https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-10-4.html) allows removal for misconduct, neglect or if removal serves estate interests.

Handling Attorney Fees

Administrators often hire counsel to guide them through complex probate steps. North Carolina law lets the administrator recover reasonable attorney fees as an estate expense:

  • Allowance by the Court: File a petition under N.C. Gen. Stat. § 28A-2-1 (https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-2-1.html). The clerk reviews the request, considers the work performed and grants fees as necessary to administer the estate.
  • Fee Reasonableness: The court evaluates time, complexity and results. You must detail tasks, hours spent and hourly rates. The clerk can reduce or deny fees that appear excessive.
  • Priority of Payment: Once approved, attorney fees rank ahead of beneficiary distributions. The administrator pays fees before dividing the remaining assets among heirs.

2. Key Points to Remember

  • Partition actions force sale or division when co-owners cannot agree.
  • Court orders under Chapter 28A help administrators overcome obstruction by co-owners.
  • Removal of an administrator requires proof of misconduct or neglect.
  • File a fee petition under N.C.G.S. § 28A-2-1 and support it with detailed billing records.
  • Approved attorney fees become a priority claim against estate assets.
  • Maintaining clear communication with beneficiaries and co-owners reduces conflict.

Conclusion and Call to Action

Handling uncooperative co-owners and attorney fees in North Carolina probate can feel overwhelming. You need clear legal strategies to protect estate assets and complete administration. At Pierce Law Group, our attorneys have years of experience guiding administrators through these challenges. Contact us today to discuss your case further. Email us at intake@piercelaw.com or call us at (919) 341-7055. Let us help you resolve conflicts and close the estate efficiently.