How can I pay attorney fees through the estate and handle a missing original will in North Carolina probate?

Paying Attorney Fees Through the Estate

North Carolina law allows you to pay reasonable attorney fees and other administrative expenses from the estate before distributing assets to heirs and beneficiaries. To secure that allowance, follow these steps:

1. File a petition under N.C.G.S. § 28A-13-3 with the clerk of superior court. This statute governs allowances for attorney’s fees in estate administration.
2. Serve notice on all interested parties—heirs, beneficiaries, and creditors—at least 10 days before the hearing, as required by N.C.G.S. § 28A-2-1.
3. Attend the hearing. Present detailed records of legal services performed and hours spent on estate matters, such as drafting documents, filing reports, and advising the personal representative.
4. Obtain the court’s written order approving the attorney fee petition. The court will review reasonableness based on estate value and complexity.
5. Pay the approved fee out of the estate’s bank account before making final distributions. This ensures you satisfy administrative expenses and protect the personal representative from personal liability.

Handling a Missing Original Will

If you cannot locate the original will, North Carolina law permits probate of a copy under strict conditions. Follow this process:

• Conduct a diligent search for the original document. Document where you looked—home file, safe deposit box, attorney’s office—and whom you asked.
• Prepare a petition to probate the copy under N.C.G.S. § 28A-6-3, which covers lost, destroyed, or unreturned wills.
• Attach the best available copy of the will plus any affidavits or evidence of due execution. If a certified copy exists, include it.
• Secure testimony from two credible witnesses who recall the signing and contents of the will. Their affidavits should detail the circumstances of execution under North Carolina’s attestation requirements (N.C.G.S. § 28A-2-1).
• Serve notice on all interested parties and attend the hearing the clerk schedules. If the court finds your proof sufficient, it will admit the copy and issue letters testamentary or of administration.

Key Takeaways

• File and serve a petition for attorney fees under N.C.G.S. § 28A-13-3.
• Serve notice on heirs, beneficiaries, and creditors according to N.C.G.S. § 28A-2-1.
• Obtain a court order approving attorney fees before you pay from estate funds.
• Prove loss of the original will under N.C.G.S. § 28A-6-3 to admit a copy.
• Attend hearings and maintain detailed records for both petitions to protect the personal representative and the estate.

Contact Pierce Law Group

Navigating probate issues like paying attorney fees and admitting a lost will requires close attention to North Carolina statutes and court rules. Pierce Law Group’s attorneys guide personal representatives through each step. To discuss your estate administration needs, email us at intake@piercelaw.com or call (919) 341-7055.