Probate Q&A Series

What are the hourly rates and billing arrangements for probate cases in North Carolina?

Detailed Answer

When you open a probate estate in North Carolina, you pay your attorney for time and effort. Lawyers generally charge by the hour. Rates vary based on the attorney’s experience, the complexity of the estate, and the local market.

In our region, hourly fees typically range from $200 to $450. In smaller towns, you might see rates around $175 to $250. Larger markets often exceed $300 and can reach $500 or more for highly experienced attorneys. Remember, a higher rate often reflects deeper experience in handling complex probate matters.

Many firms require a retainer—a deposit you pay upfront. We hold that retainer in our trust account and bill hourly fees against it. If we perform more work than the retainer covers, we send you an invoice and ask for replenishment. If the work costs less, we refund the balance.

Some attorneys offer alternative billing arrangements:

  • Flat fees: A single fee for straightforward estates under a certain asset threshold.
  • Blended rates: A single hourly rate that combines senior and junior attorney time.
  • Task-based fees: A flat fee for specific services, like filing the petition or closing the estate.

All attorneys must seek court approval to pay fees from estate assets. North Carolina law allows the personal representative to take a commission under N.C.G.S. § 28A-15-2. Lawyers then submit a petition under N.C.G.S. § 28A-23-1 to allow payment of counsel fees and costs. The court reviews these fees for fairness and reasonableness under the Rules of Professional Conduct.

Generally, your billing statement will list:

  • Date of service
  • Description of work performed
  • Time spent (often in six- or ten-minute increments)
  • Hourly rate
  • Subtotal for each entry
  • Costs and disbursements (e.g., filing fees, certified copies)

You may receive invoices monthly or when the retainer balance falls below a set level. Always review your statement and ask for clarification on any entry you do not understand.

Key Points on Probate Hourly Rates and Billing

  • Rate factors: Attorney experience, estate complexity, location.
  • Retainer: Upfront deposit applied against future fees and costs.
  • Billing increments: Typically 6- or 10-minute units for hourly work.
  • Court approval: Counsel fees must be allowed under N.C.G.S. § 28A-23-1.
  • Alternative fee structures: Flat fees, blended rates, task-based fees.
  • Invoice frequency: Monthly or upon retainer replenishment.
  • Itemization: Separate entries for time, rate, and expenses.

Contact Pierce Law Group

Understanding billing and hourly rates can ease one of the biggest concerns in estate administration. Pierce Law Group handles probate matters efficiently and transparently. If you have questions about fees or need guidance through the probate process, contact our team today.

Email us at intake@piercelaw.com or call us at (919) 341-7055. Let us put our experience to work for you.