Short Answer

File a motion in the existing partition special proceeding before the Clerk of Superior Court asking to approve the commissioner’s compensation and reimburse reasonable sale expenses from the sale proceeds. Attach an itemized affidavit (time spent, tasks, hourly/flat rate) and receipts for out-of-pocket costs (like cleanup). Give notice to all parties. If everyone consents, submit a consent order; if not, request a hearing. The clerk typically taxes approved fees and expenses as costs payable from the proceeds before distribution.

Understanding the Problem

You are in North Carolina, acting in a partition action, and want to know how to get the court to approve and pay the commissioner’s fees after a sale has closed. The commissioner completed the sale, the proceeds are in trust, and the commissioner has submitted cleanup receipts. No petition for fees has been filed yet, and the parties are weighing a consent order versus a hearing before the Clerk of Superior Court.

Apply the Law

In North Carolina partition cases, the Clerk of Superior Court oversees sales conducted by a commissioner and controls when and how sale proceeds are disbursed. The commissioner’s compensation and necessary sale expenses are approved by the court and are typically taxed as costs and paid from sale proceeds before distributing the balance to co-owners. The forum is the existing partition special proceeding in the county where the property is located. You generally seek approval after sale confirmation and before distribution.

Key Requirements

• Reasonable compensation: The court must find the commissioner’s fee reasonable based on the services performed and the circumstances of the sale.
• Documented expenses: Out-of-pocket costs (e.g., cleanup, advertising, recording) must be necessary, itemized, and supported by receipts.
• Court approval before payout: The clerk approves fees/expenses and directs payment from proceeds prior to owner distributions.
• Notice/consent or hearing: Provide notice to all parties. If all consent, submit a consent order; otherwise, the clerk may hold a hearing and enter findings.

What the Statutes Say

• North Carolina Partition Statutes (Chapter 46A) – Governs partition proceedings, including appointment and duties of commissioners and sales in partition.
• Judicial Sales (Chapter 1, Article 29A) – Sets procedures for reporting, confirming, and completing sales, and guides how sale costs are handled.

Analysis

Apply the Rule to the Facts: Here, the sale closed and proceeds are held in trust. Before any owner distribution, the commissioner should move for approval of compensation and reimbursement of cleanup costs, supported by an affidavit and receipts. If all co-owners agree on the amounts, a consent order can be presented for the clerk’s approval; if not, the clerk will set a hearing and decide reasonableness, then order payment of approved fees and expenses from the proceeds.

Process & Timing

1. Who files: The commissioner (or any party) moves for approval of commissioner’s compensation and expenses. Where: Clerk of Superior Court in the county where the land is located (same partition file). What: Motion/Petition for Approval of Commissioner’s Compensation and Expenses; commissioner’s sworn, itemized affidavit; receipts; and a proposed Consent Order or proposed Order. When: After sale confirmation and closing, and before distribution of proceeds.
2. Serve the motion and proposed order on all parties of record and coordinate with the clerk’s office for scheduling. If every party signs a consent order, submit it; otherwise, expect a hearing where the clerk will take evidence on reasonableness.
3. After the clerk enters an order, the commissioner disburses approved fees and expenses from the proceeds as costs of sale, then distributes the remaining funds per the court’s directives.

Exceptions & Pitfalls

• Disbursing early: Paying fees before a court order can draw objections or require corrective accounting.
• Thin documentation: Missing time entries or receipts may lead to reductions; submit a detailed affidavit and attach invoices.
• Notice gaps: Failing to serve all parties of record can delay approval; confirm service and party list from the partition file.
• Disputed cleanup costs: Be ready to show why cleanup was necessary to market the property and how costs were reasonable.
• Transfer to judge: If broader equitable issues arise, the matter may be transferred to a Superior Court judge; plan for a more formal evidentiary hearing.

Talk to a Partition Action Attorney

If you’re dealing with commissioner compensation and expense approval after a partition sale, 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.