What happens if the other heir will not consent to my commission or the court declines to approve it? – North Carolina

Short Answer

In North Carolina, an heir’s consent is not what controls whether a personal representative (executor or administrator) receives a commission. The Clerk of Superior Court decides whether to allow a commission and how much to allow, usually when the estate is closed through the final account. If another heir objects or the clerk declines to approve the commission, the commission may be reduced or denied, and the dispute may require a hearing (and, in some situations, an appeal).

Understanding the Problem

In a North Carolina estate administration, can a personal representative receive a commission when another heir refuses to consent, and what happens if the Clerk of Superior Court will not approve the commission when the estate is being closed?

Apply the Law

Under North Carolina practice, a personal representative’s commission is not automatic and is not controlled by an heir’s approval. The Clerk of Superior Court oversees estate administration and typically addresses commissions as part of reviewing and approving the estate’s accounting (often the final account). The commission is generally tied to what the personal representative actually received and paid out for the estate, and misconduct can eliminate the right to a commission.

Key Requirements

Clerk approval: The commission is allowed (or not allowed) by the Clerk of Superior Court as part of the estate accounting and closing process.
Commissionable activity: The commission is generally based on estate assets actually received and disbursed in administration, not on non-probate property that never becomes an estate asset.
Proper conduct and documentation: Clear records of receipts, disbursements, and the reason for each payment matter, and misconduct can void the right to a commission.

What the Statutes Say

N.C. Gen. Stat. § 31-39 (Probate necessary to pass title) – Explains when a probated will becomes effective to pass title and highlights timing issues that can affect estate administration and closing.

North Carolina has statutes that address personal representative commissions and when misconduct can affect compensation, but the exact citation depends on the commission issue being addressed and the posture of the estate. The controlling decision-maker is still the Clerk of Superior Court in the estate file.

Analysis

Apply the Rule to the Facts: The facts describe an open probate where one heir plans to buy estate equipment at an agreed price, an appraisal cost will be shared through the distributions, and distributions will be documented with receipts. Those facts support the “proper documentation” requirement and help show that the transaction is being handled transparently. Even so, the other heir’s refusal to consent does not, by itself, decide the commission; the clerk can still allow, reduce, or deny the commission based on the accounting and whether the commission request matches what the clerk considers commissionable and properly supported.

Process & Timing

Who files: The personal representative (or counsel). Where: The Clerk of Superior Court handling the estate file in North Carolina. What: The estate accounting (often the final account) that shows receipts, disbursements, proposed distributions, and any requested commission. When: Typically when the estate is ready to close and the final account is submitted for approval.
If there is an objection: The clerk may require a hearing or additional documentation. In practice, written objections can force the issue to be decided formally rather than informally.
Decision and next steps: The clerk enters an order approving the account as filed, approving it with changes (including reducing or disallowing the commission), or requiring corrections. If the commission is denied or reduced, the personal representative may need to decide whether to accept the ruling or pursue the available review/appeal process based on the type of order entered.

Exceptions & Pitfalls

Misconduct can eliminate commissions: If the clerk finds misconduct in handling estate assets or conflicts of interest that were not handled correctly, the clerk can deny commissions even if work was performed.
“Commissionable” vs. “non-commissionable” items: Not every dollar connected to a death is part of the probate estate. Items that never become estate assets often do not support a commission calculation, and some clerks treat certain categories of recoveries differently.
Related-party sales need clean paperwork: When an heir buys estate property, the file should clearly show valuation support (such as an appraisal), the sale terms, how payment was made, and how the transaction was credited on the accounting. Missing paperwork can lead to delays, objections, or a reduced commission.
Informal “consent” is not a substitute for clerk approval: Even if all heirs sign off, the clerk can still question the commission amount or the accounting support.

Conclusion

In North Carolina, an heir’s refusal to consent does not automatically block a personal representative’s commission, because the Clerk of Superior Court decides whether to approve it and in what amount. If the clerk declines to approve the commission, the commission may be reduced or denied, and the estate may need a hearing or corrected accounting before it can close. The next step is to file a complete, well-documented final account with the Clerk of Superior Court and request the commission there.

Talk to a Probate Attorney

If an estate commission is being challenged or the Clerk of Superior Court is questioning a proposed commission tied to an heir purchase of estate property, an attorney can help present the accounting clearly and address objections in the estate file. 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.