Short Answer

In North Carolina, an executor can be reimbursed for reasonable, necessary estate administration expenses that the Clerk of Superior Court approves. Legal fees tied to administering or protecting the estate are allowable if reasonable and documented. Funeral and burial-related costs have special priority rules and dollar caps for preferred payment. Real property carrying costs are reimbursable only when they preserve the estate and are authorized by the will or the clerk, and all requests should be supported with receipts and included in an account or petition.

Understanding the Problem

You’re the North Carolina executor asking: can I get paid back for my travel, funeral payments, legal fees, and property expenses, and how do I do it? The decision point is whether each cost is a reasonable, necessary estate expense under North Carolina law and properly submitted to the Clerk of Superior Court. One key fact: some travel was to Germany to gather records for the North Carolina probate.

Apply the Law

Under North Carolina law, the Clerk of Superior Court oversees estate accounts and may allow reimbursement of reasonable, necessary expenses incurred to administer and preserve the estate. The personal representative may hire professionals (such as attorneys and appraisers), but the clerk reviews those charges for reasonableness. Funeral and burial-related costs receive special treatment in the order claims are paid. Real property carrying costs are tightly scrutinized and typically require authority in the will or approval from the clerk. The estate file in the Clerk’s office is the main forum, and expenses are usually approved when you file an account or a focused petition; some related claims (like funeral reimbursement to a person who advanced funds) must meet the creditors’ claim deadline set by the published Notice to Creditors (at least three months after first publication).

Key Requirements

• Necessity and benefit to the estate: The expense must be reasonably necessary to administer or preserve estate assets (not personal convenience).
• Reasonableness and proof: Amounts must be reasonable for the task and supported by receipts, invoices, and a brief explanation of purpose.
• Proper authority: Use estate funds and seek clerk approval—especially for attorney fees, unusual or large travel, and real property carrying costs; follow the claims process for items like funeral reimbursements advanced by individuals.
• Correct priority of payment: Pay costs and expenses of administration first, then other classes (including capped preferences for funeral and burial-related items) if the estate is limited.
• No advance self-payment: Do not pay yourself commissions or legal fees before clerk approval; include them in an account or petition.

What the Statutes Say

• N.C. Gen. Stat. § 28A-23-3 (Commissions; necessary charges) – Clerk may allow reasonable sums for necessary administrative disbursements.
• N.C. Gen. Stat. § 28A-13-3(a)(19) (PR powers) – Executor may hire attorneys and other professionals to assist with administration.
• N.C. Gen. Stat. § 28A-19-6 (Order of payment of claims) – Sets claim classes; administration costs first; funeral/burial amounts receive limited preferences.
• N.C. Gen. Stat. § 28A-19-8 (Funeral expenses) – Estate is liable for funeral expenses; claims must be presented like other creditor claims.

Analysis

Apply the Rule to the Facts: Travel to Germany can be reimbursable if it was reasonably necessary to marshal estate assets or obtain documents for the North Carolina probate; include receipts, mileage/itinerary, and a short explanation tying each trip to estate tasks. Legal fees for negotiating a property-distribution settlement or handling foreign documentation may be reimbursed when they benefit the estate; submit detailed invoices and seek the clerk’s approval. Funeral costs are payable by the estate, with a statutory preference for a portion and the remainder treated as a general claim if the estate is tight; if you advanced funds, present a timely claim for reimbursement. Real property expenses (insurance, utilities, repairs) require authority in the will or clerk approval and must be tied to preserving the property, not improving it.

Process & Timing

1. Who files: Executor. Where: Clerk of Superior Court (Estates Division) in the North Carolina county of administration. What: Include an itemized expense schedule with receipts in your next annual or final account, and file a written request/petition for attorney fees or unusual/large expenses. When: File the 90-day inventory within 90 days of qualification; present any funeral reimbursement claim by the creditors’ bar date stated in the Notice to Creditors (at least three months after first publication).
2. The clerk audits your account and may approve routine expenses ex parte; for significant or disputed items (e.g., large travel or legal fees), expect the clerk to set a brief hearing. Timing varies by county and docket load.
3. After approval, reimbursements and fees are paid from the estate account; the clerk’s written order and the allowed account become part of the record and support your final account and discharge.

Exceptions & Pitfalls

• Expenses that primarily benefit a beneficiary (not the estate) are often denied; show how each cost preserved assets or advanced administration.
• Do not pay yourself commissions or your lawyer’s fees before clerk approval; early payment can trigger objections and possible surcharge.
• Real property carrying costs after death typically need will authority or a clerk order; seek approval before non-emergency repairs or extended holding costs.
• International travel: keep detailed documentation and explain why remote options were not feasible; provide certified translations for foreign records when submitting to the clerk.
• In an insolvent estate, respect statutory claim priorities; preferred portions of funeral/burial costs are limited, and amounts above the caps are treated as general claims.

Talk to a Probate Attorney

If you’re dealing with paying yourself back for estate costs and need to be sure the clerk will approve them, 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.