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 in fixed fees to open the estate — $10 for the courtroom and related judicial facilities under §7A-307(a)(1), $4 for judicial and county courthouse telecommunications and data connectivity under §7A-307(a)(1a), and $106 for support of the General Court of Justice under §7A-307(a)(2) — plus, under the same subdivision (a)(2), 40 cents per $100 "or major fraction thereof" of the gross estate, capped at $6,000. §7A-307(a)(2) also sets a minimum of $15 for each filing. That gross estate is personalty at fair market value when received plus proceeds from the sale of realty coming into the fiduciary's hands; §7A-307(a)(2) expressly excludes the value of realty, so an unsold house is not in the base. 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. 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. N.C.G.S. §28A-20-1, titled "Inventory within three months," requires every personal representative and collector, "within three months after the qualification of that personal representative or collector," to return to the clerk on oath "a just, true and perfect inventory of all the real and personal property of the deceased," unless the clerk of superior court has extended the time. The section prescribes no valuation method and requires no appraisal. |
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 | N.C.G.S. §28A-25-1 is titled "Collection of property by affidavit when decedent dies intestate" and opens "When a decedent dies intestate" — it is unavailable where the decedent left a will. It applies when the decedent's personal property, less liens and encumbrances, does not exceed $20,000. The figure is $30,000 where the affiant is the surviving spouse and sole heir, after reduction for any spousal allowance paid under G.S. 30-15. The affidavit may be filed at any time after 30 days from the date of death. |
| Creditor claim period | Under N.C.G.S. §28A-14-1(a) the day named in the general notice to creditors "must be at least three months from the day of the first publication or posting of the notice." The 90-day figure belongs to a different clock: under N.C.G.S. §28A-19-3(a) a creditor who must be delivered or mailed individual notice under §28A-14-1(b) instead has 90 days after the date of that delivery or mailing, and only where that 90-day period expires later than the day named in the general notice. The inventory is due within three months after qualification under N.C.G.S. §28A-20-1. |
| Statutory floor (creditor period) | Under N.C.G.S. §28A-14-1(a) the day named in the general notice to creditors "must be at least three months from the day of the first publication or posting of the notice." The 90-day figure belongs to a different clock: under N.C.G.S. §28A-19-3(a) a creditor who must be delivered or mailed individual notice under §28A-14-1(b) instead has 90 days after the date of that delivery or mailing, and only where that 90-day period expires later than the day named in the general notice. The inventory is due within three months after qualification under N.C.G.S. §28A-20-1. |
| 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 heir, with no dollar cap. The same section makes it unavailable "if the decedent's will provides that it is not available or if the devise to the surviving spouse is in trust rather than outright." The effects sit in later sections: under N.C.G.S. §28A-28-4(b), after entry of the order the spouse "may convey, lease, sell, or mortgage any real property devised to or inherited by the spouse from the decedent"; under N.C.G.S. §28A-28-6 the spouse is deemed to have assumed, to the extent of the value of the property received, all liabilities of the decedent not discharged by death and liability for all taxes and valid claims against the decedent or the estate, that value being fair market value on the date of death less liens or encumbrances. |
| 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-28-4; N.C.G.S. §28A-28-6; N.C.G.S. §28A-14-1; N.C.G.S. §28A-15-1; N.C.G.S. §28A-19-3; N.C.G.S. §28A-20-1; N.C.G.S. §28A-21-2
- 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/HTML/BySection/Chapter_28A/GS_28A-28-4.html
- Creditor claim period: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-19-3.html
- probateReferee: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-20-1.html
- typicalTimeline: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-21-2.html
- 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.