Jan272026
Probate Q&A Series

What happens if one of the heirs is a minor—do we need court approval before paying attorney fees from the estate? – North Carolina

Short Answer

In North Carolina, a minor heir cannot consent to estate decisions the way an adult heir can, but that does not automatically mean the estate must get a separate court order before paying reasonable attorney fees for estate administration. In most routine estates, attorney fees are paid from estate funds as an administration expense and then shown on the estate’s accounting to the Clerk of Superior Court. Court involvement becomes more likely when the fee is disputed, unusually large, tied to litigation, or when the payment would affect how the minor’s share is protected and distributed.

Understanding the Problem

In a North Carolina estate administration, can a personal representative pay attorney fees from estate assets when one of the heirs is a minor who cannot legally approve or waive issues? What happens when the estate needs to pay legal fees (and possible reimbursements) during administration, including when estate funds may come from selling a residence? The practical decision point is whether the payment can be treated as a normal estate administration expense that will be reviewed in the estate accounting, or whether the situation requires advance review by the Clerk of Superior Court because the minor’s interests need added protection.

Apply the Law

North Carolina probate estates are supervised by the Clerk of Superior Court. The personal representative generally has authority to hire counsel to help administer the estate and to pay reasonable administration expenses from estate funds, with the understanding that those payments must be disclosed and supported in the estate’s accountings filed with the clerk. When a minor heir is involved, the clerk may require additional safeguards for the minor’s share (for example, distribution to a guardian, deposit with the clerk, or another approved method), and disputes about fees are more likely to be scrutinized.

Key Requirements

  • Fees must be an estate administration expense: The attorney work should relate to administering the estate (not personal disputes), and the amount should be reasonable for the tasks performed.
  • Proper documentation and disclosure: Payments should be supported by invoices and reflected clearly in the estate’s accounting/report to the Clerk of Superior Court.
  • Minor’s interest must be protected at distribution: The minor’s share typically cannot be paid directly to the minor; distribution often requires a legally authorized recipient or clerk-approved handling of the funds.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the estate has multiple heirs and at least one minor heir, and the personal representative wants attorney fees (and possible reimbursements) paid from estate assets, potentially including proceeds from a home sale. Paying reasonable probate attorney fees is commonly treated as an administration expense, but the payment should be well-documented and shown on the estate accounting that goes to the Clerk of Superior Court. Because a minor heir cannot consent, the clerk may look more closely at whether the fees were necessary and reasonable and whether the minor’s share is being protected through an approved distribution method.

Process & Timing

  1. Who pays: The personal representative. Where: The estate account and filings are handled through the Clerk of Superior Court in the county where the estate is opened. What: Pay fees from the estate account only after confirming the work is for estate administration and keeping invoices/records for the next accounting. When: Typically during administration as bills come due, but always before the final account is submitted for approval.
  2. Confirm minor-share handling early: Before making final distributions, identify how the minor’s share will be held or delivered (for example, to a qualified guardian of the estate, or another clerk-approved method). If a guardianship estate is needed, the clerk’s process and timing can add steps and delay distribution.
  3. File the accounting and close the estate: The personal representative reports all receipts and disbursements (including attorney fees and reimbursements). The clerk reviews the filing, and the estate is closed after the clerk accepts the final accounting and the personal representative completes required closing steps.

Exceptions & Pitfalls

  • Guardianship-related fees often require a petition/order in practice: If the matter shifts into a guardianship estate for the minor’s share, clerks commonly require a formal petition and order before paying attorneys’ fees from the guardianship funds, even when the estate administration itself did not require advance approval.
  • Disputed or unusually high fees: If an adult heir (or a guardian for the minor) objects, or if fees are out of line with the work performed, the clerk may require a hearing or additional proof before allowing the expense in the accounting.
  • Real estate sales can trigger extra oversight when a minor has an interest: If the minor has an ownership interest in the property being sold (or the sale is handled through a court sale process), additional approvals may be required, and the sale proceeds may need to be handled in a way that protects the minor’s share.
  • Mixing personal reimbursements with estate expenses: Reimbursements should be limited to proper estate-related expenses, supported by receipts, and clearly separated from personal expenses to avoid clerk pushback.

For related background on fee approval in routine administrations, see court approval before paying attorney fees or other bills out of the estate account. For the minor-heir side of the issue, see what happens in probate when one of the heirs is still a minor.

Conclusion

In North Carolina, a minor heir’s inability to consent does not automatically require a separate court order before paying reasonable probate attorney fees from estate funds, but it does increase the need for careful documentation and clerk review through the estate accounting process. Extra approval is more likely if the fees are disputed, unusually large, tied to litigation, or connected to protecting and distributing the minor’s share (including guardianship-related payments). The next step is to submit a written request to the Clerk of Superior Court (in the estate file) asking whether a petition/order is required before paying the specific fee from estate assets.

Talk to a Probate Attorney

If you’re dealing with an estate administration that includes a minor heir and questions about paying attorney fees from estate assets, our firm has experienced attorneys who can help you understand your options and timelines. 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.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.