North Carolina Probate Cost Calculator

Q: Why is the North Carolina court cost capped at $6,000?

N.C.G.S. 7A-307 sets the court cost at 0.4% of personal property but caps the total at $6,000. So the percentage only bites up to a $1.5 million personal-property estate; above that, the court cost stays at $6,000 no matter how large the estate.

Q: How long does probate take in North Carolina?

Most NC estates take about 6 to 12 months. The creditor-notice period (three months after publication) sets the practical minimum.

How probate costs work in North Carolina

Probate in North Carolina is overseen by the Clerk of Superior Court in the county where the person lived — Mecklenburg (Charlotte), Wake (Raleigh), Guilford (Greensboro), Forsyth (Winston-Salem), Durham, or any of the state's 100 counties. The rules are the same statewide; the process runs through the county clerk rather than a separate probate judge.

North Carolina's total probate cost usually falls between 3% and 7% of the estate, made up of three main parts — and NC has one unusual feature: the court cost is capped.

1. Court costs — a percentage, but capped

N.C.G.S. § 7A-307: the clerk charges a $120 base fee plus 0.4% of the personal property value ($0.40 per $100) handled through the estate, with a maximum court cost of $6,000.

Because of the cap, court costs never run away on a large estate: on a $250,000 estate that's about $1,120; on a $2 million estate it's capped at $6,000. This is very different from Georgia's flat county filing fee.

2. Executor commission — up to 5%, at the Clerk's discretion

N.C.G.S. § 28A-23-3: the executor's commission is capped at 5% of receipts plus 5% of disbursements, but it is not automatic — the Clerk of Superior Court sets the actual percentage based on the time, responsibility and skill the executor put in. Clerks commonly approve 2–5%.

On a $500,000 estate the maximum is about $25,000, but many routine estates are awarded less. Distributions to heirs are not part of the base — only money the executor actually receives and pays out. Family members who are also heirs often waive the commission, since it is taxable income while an inheritance is not.

3. Attorney fees (reasonable — not statutory)

North Carolina sets no statutory attorney fee schedule. Fees must be "reasonable" and can be reviewed by the Clerk. For a routine estate, expect roughly $2,000 to $6,000 (often 1–4% of the estate). Contested estates are billed hourly and cost far more.

4. When probate can be skipped in North Carolina

Collection by Affidavit (Form AOC-E-203B) — for personal property of $20,000 or less, rising to $30,000 when the surviving spouse is the sole heir (N.C.G.S. § 28A-25-1). A 30-day wait after death applies, and it covers only personal property, not real estate.
Summary administration — limited to estates where the surviving spouse is the sole heir.

A funded living trust or beneficiary designations avoid probate entirely. (Note: NC does not allow transfer-on-death deeds for real estate.)

Cost component	North Carolina figure	Source
Court cost	$120 + 0.4% of personal property, cap $6,000	§ 7A-307
Executor commission	Up to 5% receipts + 5% disbursements (clerk's discretion)	§ 28A-23-3
Attorney fee (routine)	~$2,000–$6,000	Market / clerk-reviewed
Small-estate affidavit limit	$20,000 ($30,000 spouse-only)	§ 28A-25-1

North Carolina probate cost — frequently asked questions

How much does probate cost in Charlotte / Mecklenburg County?

The rules are the same statewide. In Mecklenburg County (Charlotte), Wake County (Raleigh) or anywhere in NC, court costs are $120 plus 0.4% of personal property (capped at $6,000), the executor commission is up to 5% at the Clerk's discretion, and attorney fees are typically $2,000–$6,000 for a routine estate.

Why is the North Carolina court cost capped at $6,000?

N.C.G.S. § 7A-307 sets the court cost at 0.4% of personal property but caps the total at $6,000. So the percentage only bites up to a $1.5 million personal-property estate; above that, the court cost stays at $6,000 no matter how large the estate.

Is the executor fee in North Carolina automatic?

No. Unlike Georgia's fixed 2.5%+2.5%, North Carolina's commission is discretionary. The Clerk of Superior Court decides the percentage (up to the 5%+5% cap) based on the actual work done, and the executor must petition and document it. Many simple estates are awarded well below 5%.

What is the small estate limit in North Carolina?

Collection by Affidavit (AOC-E-203B) is available for personal property of $20,000 or less, or $30,000 if the surviving spouse is the sole heir. There is a 30-day wait after death, and it does not cover real estate.

How long does probate take in North Carolina?

Most NC estates take about 6–12 months. The creditor-notice period (three months after publication) sets the practical minimum.

This calculator provides an estimate for general guidance only and is not legal or financial advice. Figures are based on North Carolina statute (N.C.G.S. § 28A-23-3, § 7A-307, § 28A-25-1) and typical practice. The executor commission is discretionary and set by the Clerk of Superior Court; actual costs depend on the estate's assets, complexity, bond requirements, and whether disputes arise. Confirm current figures with the county Clerk of Superior Court or a licensed North Carolina attorney before acting.