How Do I Qualify as Executor and Pay Attorney Fees from the Estate in North Carolina?
1. Detailed Answer
Handling a loved one’s estate in North Carolina involves two primary tasks: qualifying as the executor (known as the personal representative) and arranging payment of attorney fees through the estate. Both steps follow clear rules set out in Chapter 28A of the North Carolina General Statutes.
Qualifying as the Executor
When a person dies with a valid will, the named executor must take certain steps to obtain authority from the Clerk of Superior Court:
- Review the will and funeral bill. The executor files the original will, the death certificate, and a preliminary affidavit showing the value of estate assets.
- File a petition for probate. Under G.S. 28A-6-2, the clerk admits the will to probate and issues Letters Testamentary once the executor qualifies.
- Take the oath. The executor swears to perform duties faithfully and impartially.
- Post a bond if required. North Carolina law generally waives bond for a resident executor if the will contains no special instructions. A beneficiary or the will itself can require a bond.
- Serve notice to heirs. After appointment, the executor must notify beneficiaries and other interested parties of the probate proceedings.
Paying Attorney Fees from the Estate
North Carolina treats attorney fees for estate administration as an allowance, paid out of estate assets before distribution to heirs. The process works like this:
- Retain counsel. The executor engages an attorney under a fee agreement. Fees must remain within reasonable limits.
- File a petition for allowance. Under G.S. 28A-15-1, the executor petitions the clerk to allow payment of attorney fees as an administrative expense.
- Serve interested parties. The executor notifies beneficiaries and heirs of the petition and any hearing date.
- Obtain a clerk’s order. After reviewing the reasonableness of the fees and hearing any objections, the clerk issues an order allowing payment.
- Disburse funds. The executor pays the approved fees directly from the estate account.
2. Key Points to Remember
- Executor qualifications rest on G.S. 28A-6-2 requirements: filing the will, taking an oath, and posting bond if necessary.
- Letters Testamentary grant the legal authority to manage and distribute assets.
- Attorney fees qualify as an estate expense under G.S. 28A-15-1 and require court approval.
- Serving notice to all interested parties prevents delays and objections.
- Maintain clear records of all estate transactions and court filings.
Contact Pierce Law Group
If you need help qualifying as an executor or handling attorney fee allowances, our attorneys guide you through every step. Reach out to Pierce Law Group for trusted probate assistance in North Carolina. Email us at intake@piercelaw.com or call (919) 341-7055 for a consultation.
