Probate Q&A Series

Why is hourly billing often recommended over a flat fee for handling probate cases?

Detailed Answer

Probate matters in North Carolina often involve unpredictable tasks. When you choose hourly billing, you pay for the actual time your attorney invests in reviewing documents, filing court forms, communicating with beneficiaries and creditors, and resolving disputes. A flat fee may seem straightforward, but it can lead to surprises if your case requires more work than anticipated.

Under North Carolina law, the clerk of superior court must approve reasonable attorney’s fees in probate. See N.C. Gen. Stat. § 28A-15-1. Hourly billing provides clear records of services rendered. It allows the clerk to see detailed time entries if questions arise about fees. With a flat fee, you lose that level of transparency and may still face additional charges when the work exceeds the projected scope.

Probate cases can shift. You might discover additional heirs, encounter unresolved debts, or need to sell real property. Hourly billing adapts to these changes. It prevents your attorney from cutting corners to stay within a flat-fee budget. It also ensures you only pay for work done, rather than subsidizing unexpected or complex tasks.

At Pierce Law Group, our goal is to maintain open communication about costs. We track our time in detail and provide regular billing statements. You know exactly what services you receive. This approach aligns with our commitment to fairness and helps avoid disputes over fees during or after probate.

Next Steps

If you have questions about hourly billing for your probate matter, reach out to Pierce Law Group. Our attorneys handle estates of all sizes. We keep you informed and work efficiently to settle your loved one’s affairs.

Contact us today at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.

Key Considerations for Hourly Billing in Probate

  • Complexity of the Estate: Tasks can range from simple asset transfers to complex tax and real estate issues.
  • Transparency and Documentation: Itemized billing shows exactly which services were provided and when.
  • Flexibility: Hourly rates adjust to unexpected developments without requiring a fee increase agreement.
  • Statutory Approval: Detailed time records help the clerk review and approve fees under N.C. Gen. Stat. § 28A-15-1.
  • Client Control: You decide how much work to authorize, allowing you to manage legal costs as the case unfolds.