The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for North Carolina with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page North Carolina reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our North Carolina probate pages.
North Carolina probate fees
| Item | North Carolina |
|---|---|
| Court filing fee | Under N.C.G.S. §7A-307, the clerk collects $120 to open the estate plus $0.40 per $100 (0.4%) of the gross estate for support of the General Court of Justice, capped at $6,000 maximum. Additional flat fees apply for specific filings (e.g., $20 for probate without qualification, certified copies, etc.). |
| Attorney fees | North Carolina follows a 'reasonable fee' standard — there is no statutory schedule. Most probate attorneys bill hourly ($200–$450/hr, higher in metro markets), though flat fees and percentage arrangements (commonly 2–4% of the estate) are also used. Fee petitions are reviewed by the Clerk of Superior Court for reasonableness. |
| Executor / personal representative fees | Under N.C.G.S. §28A-23-3, personal representatives are entitled to commissions fixed in the discretion of the Clerk of Superior Court, not to exceed 5% of receipts (including the value of personal property received) and disbursements made. The clerk considers time, responsibility, trouble, and skill, and may take into account fees already paid to attorneys and accountants. |
| Fee basis | discretionary (capped) |
| Appraisal / referee | North Carolina does not use a state-appointed probate referee. The personal representative is responsible for valuing assets in the 90-day inventory (Form AOC-E-505), using fair market value as of the date of death; professional appraisals may be obtained at the executor's discretion for real estate or unique personal property. |
Worked example
On a $500,000 North Carolina estate, the executor's commission is capped at about $25,000 (5% of receipts and disbursements), but the Clerk of Superior Court approves the actual figure based on the work involved — often well below the cap.
North Carolina thresholds and deadlines
| Item | North Carolina |
|---|---|
| Small-estate threshold | Under N.C.G.S. §28A-25-1, collection of personal property by affidavit is available when the decedent's personal property (less liens) does not exceed $20,000. The threshold rises to $30,000 if the affiant is the surviving spouse and sole heir (after reduction for any spousal allowance). The affidavit may be filed 30 days after death. |
| Creditor claim period | 90 days from first publication of notice to creditors, under N.C.G.S. §28A-14-1. The inventory is also due within 90 days of qualification. |
| Typical duration | Routine, uncontested probate in North Carolina generally takes 6 to 12 months. The 90-day creditor claim window must run, the inventory is due within 90 days of qualification, and the final account is generally due within one year of qualification. Estates with real estate, contested claims, or tax issues often extend beyond a year. |
| Simplified real-property transfer | Under N.C.G.S. §28A-28-1, summary administration is available when the surviving spouse is the sole devisee or sole heir (with no dollar cap). After the clerk's order, the spouse may convey, lease, sell, or mortgage real property inherited from the decedent, but remains personally liable for the decedent's debts up to the value of the inherited property. |
| Transfer-on-death deed | North Carolina does NOT have a statutory transfer-on-death deed for real estate. NC residents who want to pass real estate outside probate typically use a revocable living trust, joint tenancy with right of survivorship, or summary administration (when the surviving spouse is the sole heir). |
What passes outside North Carolina probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- Transfer-on-death deed — North Carolina does NOT have a statutory transfer-on-death deed for real estate. NC residents who want to pass real estate outside probate typically use a revocable living trust, joint tenancy with right of survivorship, or summary administration (when the surviving spouse is the sole heir).
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: N.C.G.S. §28A-23-3; N.C.G.S. §7A-307; N.C.G.S. §28A-25-1; N.C.G.S. §28A-28-1; N.C.G.S. §28A-14-1; N.C.G.S. §28A-15-1
- State authority: North Carolina Judicial Branch (nccourts.gov)
- Executor fees: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_28A/GS_28A-23-3.pdf
- Court filing fees: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_7A/GS_7A-307.pdf
- Small-estate procedure: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_28A/GS_28A-25-1.pdf
- Simplified real-property transfer: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_28A/GS_28A-28-1.pdf
- Statutes: https://www.ncleg.gov/Laws/GeneralStatuteSections/Chapter28A
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the North Carolina court before relying on it.
The full North Carolina guides
- How Much Does Probate Cost in North Carolina? — the full cost breakdown.
- How Much Does an Executor Get Paid in North Carolina? — the fee rule in detail.
- How Long Does Probate Take in North Carolina? — the timeline and its statutory floor.
- Executor Deadlines in North Carolina — inventory deadline, creditor-claim period and outer bar, each quoted from the statute.
- How to Avoid Probate in North Carolina — the transfers that pass outside it.
- How Much Does a Will Cost in North Carolina? — execution requirements and pricing.
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This sheet sets out North Carolina probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the North Carolina courts or a licensed North Carolina attorney.