How to Petition the North Carolina Superior Court Clerk for Reimbursement of Legal Fees from Estate Assets

Detailed Answer

When you act as personal representative of an estate, you may incur legal fees that the estate can reimburse if you follow the procedure set out in North Carolina law. Under N.C. Gen. Stat. §28A-13-3, you may petition the Superior Court clerk for allowance and payment of reasonable attorney’s fees from the estate’s assets. The process involves preparing a formal petition, notifying interested parties, and securing the clerk’s approval. Below is a step-by-step guide.

1. Review Relevant Statutes

North Carolina’s probate statutes govern attorney fee reimbursement:

• N.C. Gen. Stat. §28A-13-3: Allows personal representatives to petition for payment of attorney’s fees.
• N.C. Gen. Stat. §28A-18-1: Grants personal representatives general authority to pay estate expenses with clerk’s approval.
• N.C. Gen. Stat. §7A-311: Governs filing, notice, and hearing for petitions before the clerk.

2. Draft the Petition

Your petition should include:

• Case name and estate file number.
• Identification of the personal representative.
• Description of services performed by your attorney, with dates, hours, and rates.
• Itemized total of fees requested.
• Reference to the statutory authority (e.g., N.C. Gen. Stat. §28A-13-3).

3. Provide Notice

After filing the petition with the Superior Court clerk, notify all interested parties—heirs, beneficiaries, and creditors—of the hearing date or the clerk’s review period. N.C. Gen. Stat. §7A-311(b) requires at least 10 days’ notice.

4. Clerk’s Review and Hearing

The clerk may act ex parte if no objections arise. If someone objects, the clerk will set a hearing. At the hearing, be prepared to explain why the fees are reasonable and necessary to administer the estate.

5. Obtain and Use the Clerk’s Order

If the clerk approves the fees, you will receive an order authorizing payment. Use estate funds to reimburse the attorney. Keep records of the payment for the estate file and accounts.

Key Tips to Successfully Petition for Attorney Fee Reimbursement

• Gather detailed time records and billing statements.
• Describe each task clearly—avoid vague entries.
• Compare requested rates to prevailing market rates.
• Serve notice by certified mail to create proof of service.
• Respond promptly to any objections or requests for more information.

Conclusion and Call to Action

Petitioning the Superior Court clerk for reimbursement of legal fees requires careful preparation and strict compliance with North Carolina law. The team at Pierce Law Group guides personal representatives through each step to ensure timely approval and payment from estate assets. Contact our attorneys for help. Email us at intake@piercelaw.com or call us at (919) 341-7055 today.