What can I do if the executor and the executor’s attorney were paid but the other beneficiaries received nothing? – North Carolina

Short Answer

In North Carolina, beneficiaries can ask the Clerk of Superior Court (the probate court) to require the executor (personal representative) to file a complete accounting and explain distributions, and to enter orders that move the administration forward. If the executor cannot justify payments to themselves or their attorney, beneficiaries can seek court orders to compel a proper accounting, challenge fees, and in serious cases request removal and replacement of the executor. The right next step usually starts with getting the estate file and using the clerk’s process to force transparency and compliance.

Understanding the Problem

In a North Carolina estate, can an executor pay the executor and the executor’s attorney while leaving other beneficiaries with no distribution? When a surviving spouse serves as executor and an agreement exists to split the estate among the spouse and the decedent’s children, what happens if the spouse-executor and counsel receive funds but the children receive nothing? The key decision point is whether the executor’s payments and delay can be justified as part of proper estate administration (paying valid expenses, debts, and approved fees) or whether court intervention is needed to compel an accounting, require distribution, or replace the executor.

Apply the Law

North Carolina probate is supervised by the Clerk of Superior Court. Executors (called “personal representatives”) generally must collect estate assets, pay valid expenses and claims, keep records, and then distribute what remains to the proper beneficiaries. When beneficiaries believe money went out (including attorney fees or executor compensation) without fair or timely distribution, the clerk can require a full accounting and can enter orders to correct problems, including orders that force filings and, in appropriate cases, orders that change who serves as executor.

Key Requirements

Accounting and transparency: The executor must be able to show what came into the estate, what was paid out, and why, using records that match the estate’s required filings.
Proper purpose for payments: Payments to the executor and the executor’s attorney generally must relate to administering the estate (not personal benefit) and must be supportable to the clerk if challenged.
Orderly administration before distribution: Distributions typically come after the executor addresses required steps like identifying assets, giving creditor notice, paying allowed expenses/claims, and completing required reports—then distributing the remainder according to the will or applicable rules and any approved agreement.

What the Statutes Say

N.C. Gen. Stat. § 1-301.3 (Clerk decides estate matters; appeal deadline) – Probate administration issues are decided by the Clerk of Superior Court, and many clerk orders have a short appeal window (often 10 days after service).
N.C. Gen. Stat. § 1-339.12 (Clerk can compel an accounting; contempt) – In certain proceedings, the clerk can order a fiduciary to file a correct and complete report/account within 20 days and enforce compliance through contempt.

Analysis

Apply the Rule to the Facts: Here, an agreement exists to split the estate among the decedent’s children and the surviving spouse, but the children have not received any distribution while the spouse-executor and the executor’s attorney have received funds. Under North Carolina practice, that fact pattern usually triggers a need for documentation: what estate assets existed, what claims/expenses were paid, what fees were requested/allowed, and whether the estate is actually ready for distribution. If the executor cannot back up the payments and delay with a complete, accurate accounting and a lawful reason for holding funds, the clerk can order corrective action and, in more serious situations, beneficiaries can pursue removal and replacement.

Process & Timing

Who files: An “interested person” in the estate (often a beneficiary/heir). Where: The Estates Division of the Clerk of Superior Court in the county where the estate is being administered in North Carolina. What: A request/motion in the estate file asking the clerk to require a full accounting and to address non-distribution (the specific form or format can vary by county). When: As soon as it becomes clear distributions are not happening and records are not being provided; if an order is entered, note that appeals from many clerk orders must be filed within 10 days after service under North Carolina law.
Build the record: Obtain the estate file from the clerk (inventories, annual/final accounts, petitions for fees/commissions, and any orders). Compare what was filed to what beneficiaries were told. If the executor gave formal notice of a final account using civil-service methods, objections can have short deadlines, so timing matters.
Ask for targeted relief: Depending on what the file shows, the request may seek an order compelling a corrected accounting, an order requiring the executor to explain or justify payments, an order directing next administrative steps, and—if supported—an order removing the executor and appointing a replacement.

Exceptions & Pitfalls

Fees may be allowed before beneficiaries are paid: In many estates, the clerk can allow attorney fees and executor compensation during administration, and those payments can be proper if supported and approved. The problem is not “fees were paid,” but whether the fees were reasonable/allowed and whether the executor can still account for and distribute the remaining estate.
Non-probate assets can cause confusion: Some assets pass outside probate (for example, accounts with valid beneficiary designations). If beneficiaries assume those assets are “estate money,” it can look like funds are missing when they were never probate assets. A good accounting request should separate probate assets from non-probate transfers.
Delay can be legitimate—or not: Executors often must wait through creditor-notice periods, resolve claims, sell property, or clear title issues before distributing. But an executor who cannot produce records, does not file required accounts, or appears to favor themselves can face court intervention.
Use the right forum: Many disputes about estate administration belong before the Clerk of Superior Court first. Filing a separate civil lawsuit too early can waste time and money if the clerk can grant the needed relief in the estate file.
Do not miss objection windows: When a final account is filed and notice is properly served, objections can have short deadlines. Waiting can make it harder to challenge what happened.

Conclusion

In North Carolina, an executor can pay legitimate estate expenses, including approved attorney fees and executor compensation, but the executor must still account for estate money and distribute the remaining estate to the beneficiaries once administration allows. When the executor and the executor’s attorney have been paid and other beneficiaries received nothing, the usual remedy is to file a request in the estate with the Clerk of Superior Court to compel a complete accounting and seek orders that move the estate to distribution (and, if warranted, removal). The next step is to file the accounting/distribution request with the clerk promptly, especially if an order may need to be appealed within 10 days.

Talk to a Probate Attorney

If the executor and the executor’s attorney were paid but beneficiaries received nothing, our firm has experienced attorneys who can help review the estate file, identify what should be accounted for, and pursue the right court orders in front of the Clerk of Superior Court. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.