What options exist for challenging or disputing probate attorney fees in the State of North Carolina?
Understanding Probate Attorney Fees
Under North Carolina law, probate attorney fees follow a defined structure. When a personal representative administers an estate, the clerk of superior court approves statutory commissions for both the representative and the attorney. You can find these standard rates in N.C.G.S. § 28A-15-1. These commissions generally cover routine administration tasks. If an attorney provides services beyond routine matters, the personal representative may petition for extra compensation under N.C.G.S. § 28A-15-3.
Options for Challenging or Disputing Fees
1. File Exceptions to the Account
Any person with an interest in the estate—such as a beneficiary or creditor—can object to the personal representative’s account and the attorney’s commissions. You must file exceptions in the clerk’s office within 30 days after the clerk enters the order approving the account. See N.C.G.S. § 28A-19-1. The clerk will schedule a hearing on your exceptions.
2. Motion for Review of Commissions
North Carolina law lets any interested person ask the clerk to review statutory fees. Under the review provision in N.C.G.S. § 28A-15-1(g), the clerk may reduce or increase the attorney’s fees. You must file a written motion, serve it on all parties, and attend a hearing.
3. Petition to Adjust or Shift Fees
If you believe the attorney’s petition for extra fees is unjustified, you can object to it in the same clerk’s office. Likewise, a personal representative may petition for higher fees if the work demands exceed the statutory norm. Both requests involve notice to interested parties and a clerk’s hearing.
4. Appeal the Clerk’s Decision
If the clerk rules against you on exceptions or fee adjustments, you can appeal that decision to superior court. File a notice of appeal within 30 days of the clerk’s order. See N.C.G.S. § 1-277. The superior court will review the clerk’s findings and issue a new order.
Key Takeaways
- Review statutory commissions under N.C.G.S. § 28A-15-1 before raising an objection.
- File exceptions to the account within 30 days after approval under N.C.G.S. § 28A-19-1.
- Use a motion under N.C.G.S. § 28A-15-1(g) to ask the clerk to revisit the commissions.
- Dispute extra or extraordinary fees through petitions under N.C.G.S. § 28A-15-3.
- Appeal the clerk’s ruling within 30 days under N.C.G.S. § 1-277 if necessary.
Contact Pierce Law Group
Probate disputes demand careful attention to deadlines and court rules. Our attorneys bring years of experience in probate administration and fee challenges. If you need to dispute probate attorney fees, email us at intake@piercelaw.com or call (919) 341-7055. Let us help protect your rights and ensure fair treatment in probate proceedings.
