Detailed Answer

Probate in North Carolina often involves legal work to collect assets, pay debts, file tax returns and distribute property. Attorneys typically bill in two main ways: under the statutory commission set by state law or by hourly rates. Paralegals and legal assistants support this work at lower hourly rates.

1. Statutory Commissions

North Carolina General Statute § 28A-15-1 allows personal representatives (and their lawyers) to receive commissions based on the gross estate value. Current rates are:

• 5.0% on the first $100,000
• 3.5% on the next $100,000
• 2.5% on the next $800,000
• 1.0% on amounts over $1,000,000

For details, see N.C. Gen. Stat. § 28A-15-1. If your estate’s needs go beyond routine probate work, an attorney can petition the clerk of court for additional fees based on actual time and complexity.

2. Hourly Billing

Many probate attorneys use hourly billing for complex or nonstandard matters. You receive a fee agreement that states:

• An hourly rate for the attorney (often $200–$400 per hour, depending on experience and office location)
• An hourly rate for paralegals and legal assistants (often $75–$150 per hour)
• A required retainer to open the file and cover initial work

Rules of Professional Conduct require attorneys to explain this in writing up front. They draw retainer funds from a trust account as work proceeds and send itemized invoices—usually monthly—with tasks performed and hours spent.

3. Paralegal Fees

Paralegals handle tasks such as document preparation, court filings, asset research and correspondence. Attorneys bill these services at a lower rate than attorney time, and state law permits you to challenge unreasonable fees in court.

4. Billing Process

Attorneys generally follow these steps:

1. Execute a written fee agreement under Rule 1.5(b) of the North Carolina Rules of Professional Conduct.
2. Collect a retainer and deposit it into a client trust account.
3. Track time and expenses daily in detailed billing software.
4. Send monthly invoices showing hours, persons performing the work, and tasks completed.
5. Apply the retainer to each invoice and bill for the balance due.
6. File a final fee petition for court review if you use the statutory commission or seek approval for fees above hourly billing.

Key Points for North Carolina Probate Fees and Billing

• Understand statutory commissions under N.C.G.S. § 28A-15-1.
• Ask for a written fee agreement before work begins.
• Expect a retainer, applied against future invoices.
• Know attorney rates ($200–$400/hr) and paralegal rates ($75–$150/hr) vary by firm.
• Review monthly, itemized invoices carefully.
• You may petition the court to approve or adjust fees.

Probate billing can feel complex, but clear agreements and regular invoices help you stay informed. If you have questions about attorney or paralegal fees in your North Carolina probate matter, Pierce Law Group has experienced attorneys ready to help. Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055.