In North Carolina Probate, What Order Should a Personal Representative’s Commission, Attorney Fees, and a Surviving Spouse’s Year’s Allowance Be Paid?

Understanding the Statutory Framework

North Carolina law sets a clear priority for estate payments in probate. Three common expenses often cause confusion:

• Personal representative’s commission
• Attorney fees
• Surviving spouse’s year’s allowance

All three qualify as expenses of administration, but separate statutes place them in a specific payment order. Following that order helps avoid delays, objections, and potential liability for the personal representative.

Order of Payment

1. Administrative Expenses (Personal Representative’s Commission and Attorney Fees)

Under N.C.G.S. § 28A-18-3(2), the estate must first pay the costs of administration. This category includes both the personal representative’s commission and attorney fees. The clerk of superior court must review and approve each item before payment.

• Personal representative’s commission: allowed by statute and reviewed at final accounting (see N.C.G.S. § 28A-18-3).
• Attorney fees: charged against the estate and approved under the same statutory provision.

Both items share equal priority. If the estate lacks sufficient funds, the clerk may approve partial payments on a pro rata basis.

2. Surviving Spouse’s Year’s Allowance

Next, the estate must pay the surviving spouse’s year’s allowance under N.C.G.S. § 28A-19-2. This allowance provides up to $60,000 from the estate’s assets for the spouse’s support during administration. The clerk reviews the application and, once approved, the allowance receives priority over general creditor claims.

• Statutory support: N.C.G.S. § 28A-19-2.

Although the year’s allowance ranks after administrative expenses, it still outranks distributions to beneficiaries and unsecured creditors.

Key Points

• Personal representative’s commission and attorney fees are paid first as administrative expenses.
• After those expenses, the surviving spouse’s year’s allowance is paid.
• These payments must occur before general creditor claims or distributions to heirs.

Next Steps for Personal Representatives

• Compile a complete inventory of estate assets and liabilities.
• Submit fee applications to the clerk for approval before distribution.
• Obtain court approval and pay the surviving spouse’s year’s allowance promptly.
• File a final accounting showing payments in the correct statutory order.

Contact Pierce Law Group

Properly sequencing estate payments helps you comply with North Carolina law and protects you from personal liability. Our experienced attorneys at Pierce Law Group guide you through every step of probate administration. For personalized assistance, email us at intake@piercelaw.com or call (919) 341-7055. Let us help you manage your loved one’s estate with confidence and care.