Probate Q&A Series

What are the steps and costs involved in estate probate and creditor notices?

1. Detailed Answer

Probate under North Carolina law settles a decedent’s debts and distributes assets to heirs or beneficiaries. You start in the Clerk of Superior Court’s office where the decedent lived. North Carolina General Statutes Chapter 28A governs every phase of probate. You can review the full text here: N.C. Gen. Stat. Chapter 28A.

Step 1: File the Petition

You submit a petition to admit the will (if one exists) or to appoint a personal representative. The Clerk’s office charges a filing fee—typically $200 to $225.

Step 2: Appoint the Personal Representative

Once the Court approves, it issues letters testamentary (if there’s a will) or letters of administration (if not). The personal representative then files an oath and bond, if required by N.C. Gen. Stat. § 28A-15-1, before taking control of estate assets.

Step 3: Publish the Creditor Notice

North Carolina requires publication of a notice to creditors under N.C. Gen. Stat. § 28A-19-1. You run the notice once a week for three weeks in a newspaper serving the decedent’s last known residence. This step puts creditors on formal notice to file claims.

Step 4: Mail Notice to Known Creditors

If you know specific creditors, you must mail each a copy of the notice within five days after the first publication, per N.C. Gen. Stat. § 28A-19-3. You use certified mail or a private process server.

Step 5: Inventory and Appraisal

Within 90 days of appointment, the personal representative must file an inventory of estate assets under N.C. Gen. Stat. § 28A-17-1. You include values and descriptions of real property, bank accounts, investments, and personal items.

Step 6: Pay Debts, Taxes, and Expenses

You review claims, object to invalid ones, and pay legitimate debts and taxes. Estate income tax returns may apply. You keep records and issue receipts to creditors.

Step 7: Final Distribution and Closing

After handling debts, you prepare a final accounting. The Court reviews it and, once approved, allows you to distribute remaining assets according to the will or law. You then file a closing document to end the probate.

2. Key Steps and Costs at a Glance

  • Probate Filing Fee: $200–$225 for petition to admit a will or appoint an administrator.
  • Notice Publication: $150–$250 total, depending on newspaper rates.
  • Mailing/Service Fees: $5–$15 per creditor for certified mail or process server.
  • Personal Representative Bond: Varies by estate value; premium is a percentage of bond amount.
  • Inventory and Appraisal: $75 flat fee plus $15 per additional page.
  • Attorney Fees: Typical rates range from $250–$350 per hour or a flat/percentage fee structure.
  • Certified Copies: $2 per page for certified documents.

Each probate matter differs. You may see additional costs for property appraisal, tax filings, or extraordinary services. Always confirm fee schedules with the Clerk’s office and consult your attorney.

Contact Pierce Law Group for Guidance

Probate and creditor notice requirements in North Carolina involve detailed steps and deadlines. Pierce Law Group’s probate attorneys help you navigate the process efficiently and protect your loved one’s estate. Reach out today by email at intake@piercelaw.com or by phone at (919) 341-7055.