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Probate · NC

North Carolina probate: fees and how long it takes

In North Carolina, probate runs before the clerk of superior court, who fixes the executor’s commission and charges court costs that grow with the personal estate.

Rules read on official North Carolina pages on · Checked by Radif Partners · How we calculate

Creditor claim period
3 months
Small-estate limit
$20,000
Executor and attorney fees
Set by statute
Statutory fees, $500,000 estate
$25,000

North Carolina probate fees are set by the clerk of superior court within a statutory ceiling: the personal representative may receive up to 5% of the receipts and of the expenditures made in administering the estate, with nothing earned on distributions to heirs, so an estate that collects $180,000 and pays out $35,000 allows at most $10,750. Court costs follow G.S. 7A-307: a flat $120 plus $0.40 per $100 of personal property, the value-based part capped at $6,000, which comes to $840 on that estate. Attorneys hired by the estate are paid as reasonable expenses approved by the clerk. The probate calendar is short at the start and long at the end. The notice to creditors runs four weeks in a newspaper and names a deadline at least 3 months after first publication, but the final account is not due until one year after the representative qualifies, so that one-year account date often sets the horizon of a North Carolina estate. Personal property of $20,000 or less can be collected by affidavit 30 days after death.

State

North Carolina

Fees set by statute

Assets in the deceased's name alone, without a beneficiary or joint owner.

Your estimate after the creditor period: 3 to 12 months is common.

Statutory fees and court fee in North Carolina

$25,000

5.0% of the estate · at least 9 months before final distribution

Personal representative commission (G.S. 28A-23-3) (maximum)$25,000
Court filing feeset by the county
Creditor claim period3 months
Small-estate limit$20,000

Estimate under the North Carolina probate statutes. Publication, bond, appraisal, extraordinary services and the estate's own taxes are extra. How this is calculated.

The clerk, not a judge

North Carolina gives original jurisdiction over estates to the clerk of superior court in each county. The clerk issues letters, receives the inventory and accounts, and fixes the commission under G.S. 28A-23-3. The 5% figure is a ceiling, not an entitlement: clerks look at the time spent, the care and the results, and they may take into account legal or other professional fees the estate already paid for work the representative would otherwise have done.

What the commission is computed on

The base is receipts plus expenditures, never the total value of the estate. Personal property counts at its value when received; real estate counts only if it is sold and the proceeds are applied to debts or devises. Take a Raleigh estate holding $180,000 of bank accounts and a car, where the representative pays $35,000 of bills, funeral costs and taxes, and the house goes to the children by deed instead of a sale. The maximum is 5% of $215,000, or $10,750. The house adds nothing. The calculator above applies the percentage to the whole value you enter, so it shows the highest figure the clerk could allow, not the likely one.

Court costs that scale with the estate

G.S. 7A-307 charges a fixed $120 plus $0.40 for every $100 of gross personal estate, including proceeds from realty sales but not realty itself. For the Raleigh estate that is $840. The value-based part stops at $6,000, a ceiling reached once the personal estate passes $1,500,000; an estate of $2,000,000 pays $6,120. The research behind this page read the clerk-costs statute through an archive copy of the legislature's site, because the official pages refuse automated readers.

Shortcuts below full administration

The affidavit route of G.S. 28A-25-1 covers personal property up to $20,000, or $30,000 when the surviving spouse is the sole heir or sole devisee, filed with the clerk at least 30 days after death. Debts of up to $5,000 owed to the decedent can be paid straight to the clerk. A surviving spouse who takes everything can ask for summary administration under Article 28 instead of a full estate.

Where the year goes

A State tax release, a house slow to sell, or a dispute over who the heirs are can push the final account past its one-year mark, since the statute moves the due date to six months after a tax release when that comes later. A Florida estate, by contrast, faces a fixed commission schedule and a shorter creditor window.

The North Carolina probate rules this calculator applies

Receipts (including personal property at value when received) plus expenditures made according to law, excluding distributions to heirs or devisees; realty sale proceeds only when applied to debts or devises (G.S. 28A-23-3(a),(b),(d)). Read on October 8, 2026.
Estate valuePersonal representative commission (G.S. 28A-23-3) (maximum)
$100,000$5,000
$250,000$12,500
$500,000$25,000
$1,000,000$50,000
$2,000,000$100,000

Creditor claims. The personal representative publishes notice once a week for 4 weeks naming a deadline at least 3 months after first publication (G.S. 28A-14-1(a)); claims not presented by that date, or within 90 days after notice is mailed or delivered to a known creditor if later, are forever barred (G.S. 28A-19-3(a)). source

Closing the estate. The final account is due within 1 year after qualifying (or 6 months after a State tax release, or at the annual account date, whichever is later) and may be filed voluntarily earlier with the clerk's approval (G.S. 28A-21-2(a),(a2)); it presupposes the 3-month creditor period of G.S. 28A-14-1. source

Small estates. Collection of personal property by affidavit filed with the clerk 30 days after death when personal property, less liens, does not exceed $20,000; up to $30,000 when the affiant is the surviving spouse and sole heir (intestate) or sole devisee (testate) (G.S. 28A-25-1, 28A-25-1.1). Not indexed. source

Simplified procedure. Small estate affidavit procedure (G.S. 28A-25-1, 28A-25-1.1); payment of debts up to $5,000 owed to the decedent to the clerk of superior court (G.S. 28A-25-6); summary administration for a surviving spouse (G.S. Chapter 28A, Article 28). source

Filing fee. Costs in estate administration: $10.00 facilities fee, $4.00 technology fee and $106.00 General Court of Justice fee plus 40 cents per $100 of gross estate (personalty and sale proceeds of realty, not realty itself), the value-based part capped at $6,000, minimum $15.00 per filing (G.S. 7A-307(a)(1),(1a),(2)). source

Personal representative. Commissions fixed by the clerk of superior court, not exceeding 5% of receipts (including personal property when received) and of expenditures made according to law; no commission on distributions to heirs or devisees; realty sale proceeds count only when applied to debts or devises (G.S. 28A-23-3). source

Attorney. No statutory schedule; the clerk may allow counsel fees to an attorney serving as personal representative for professional services beyond routine administration (G.S. 28A-23-4); fees of attorneys hired by the estate are paid as reasonable administration expenses approved by the clerk. source

Personal representative commission (G.S. 28A-23-3) (maximum). Commission fixed in the clerk's discretion, not to exceed 5% of receipts and expenditures (G.S. 28A-23-3(a)); for gross estates of $2,000 or less the clerk sets a just amount. source

Questions people ask

What percentage does an executor get in North Carolina?

Up to 5% of the estate's receipts and of its expenditures, fixed by the clerk of superior court under G.S. 28A-23-3. Distributions to heirs and devisees earn nothing, and real estate counts only when sold and applied to debts or devises. With $180,000 collected and $35,000 paid out, the most the clerk could allow is $10,750.

How much are court costs to probate an estate in North Carolina?

G.S. 7A-307 sets a fixed $120 plus $0.40 per $100 of the gross personal estate, with the value-based part capped at $6,000. Real estate is not counted unless sold. An estate with $180,000 of personal property pays $840; the maximum total is $6,120. A separate minimum of $15 applies per filing.

What is the small estate limit in North Carolina?

$20,000 of personal property, net of liens, under G.S. 28A-25-1, or $30,000 when the surviving spouse is the sole heir or sole devisee. The affidavit is filed with the clerk of superior court once 30 days have passed since death. Real estate is not collected this way. The thresholds are not indexed to inflation.

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Estimate only, not legal advice: the figures on this page apply the state rules published on official sites to the numbers you enter. A court order, the child support agency, the probate court or the workers’ compensation insurer decides the real amount, and a family law or workers’ comp attorney can tell you how the rules apply to your case.

State guidelines, statutes and benefit rates for 2026, read on the official pages on