North Carolina Co-Executors: How Is the Fee Split?

Naming more than one personal representative doesn't raise the ceiling in North Carolina — here's how the Clerk of Superior Court divides what's available.

N.C.G.S. § 28A-23-3 FigureMyTax Editorial Team

Quick answer: No, co-executors don't each get a full commission in North Carolina. The up-to-5%/5% ceiling in N.C.G.S. § 28A-23-3 applies to the estate as a whole, not per person — when more than one personal representative serves at the same time, the Clerk of Superior Court divides the single approved commission among them based on the work each one actually did. Estimate the total pool first with the North Carolina executor fee calculator, then use this page to think through how it would be divided.

One ceiling, divided by work done

N.C.G.S. § 28A-23-3: the statute doesn't set a separate rule for multiple personal representatives — it caps the commission for the estate's administration overall, at up to 5% of receipts plus up to 5% of lawful expenditures. When co-executors serve together, the Clerk of Superior Court applies the same factors it always uses to set the commission — time, responsibility, trouble, and skill — to divide that single approved amount among them according to what each one actually contributed. There's no automatic even split, and North Carolina doesn't give each co-executor a separate full commission the way a handful of other states do.

This differs from some other states

North Carolina's "one pool, divided by contribution" approach is the most common nationally, but it isn't universal. New York uses a size-based formula (SCPA § 2307) where two co-executors on a mid-sized estate can each collect a full commission rather than splitting one. Florida gives each of exactly two co-personal-representatives a full commission on estates above $100,000. North Carolina has no such multiplier — the total available never exceeds what a single personal representative could have been approved for.

The clerk still weighs the same factors

Because North Carolina's commission was never automatic to begin with — it's a discretionary ceiling — adding a second personal representative doesn't change the analysis the clerk runs. It just means the clerk applies it once per co-executor's actual contribution, rather than once for a single person. A co-executor who did little beyond signing documents shouldn't expect an equal share of whatever the clerk approves.

Worked example

Two siblings serve as co-executors of a North Carolina estate with $300,000 in receipts and $300,000 in lawful expenditures, and the clerk approves the full $30,000 ceiling (5% + 5%) for the estate's administration.

ScenarioSibling ASibling BTotal
Even split (roughly equal work)$15,000$15,000$30,000
Uneven split (A did most of the work)$24,000$6,000$30,000
One doesn't request a share$30,000$0$30,000

In every scenario, the total the clerk approves stays capped at $30,000 — only the division between the two co-executors changes.

Avoiding disputes between co-executors

Since the split tracks actual work rather than a fixed formula, co-executors who might disagree about the division should keep records of their respective time and tasks as administration happens, not reconstruct it at the final accounting. If they can't agree, the Clerk of Superior Court resolves it — the same way the clerk resolves any other disputed commission question.

Facing probate in North Carolina?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a North Carolina attorney

North Carolina co-executors — frequently asked questions

Do co-executors in North Carolina each get a full commission?

No. The § 28A-23-3 ceiling applies to the estate as a whole, no matter how many personal representatives serve. The Clerk of Superior Court divides the single approved commission among them based on services rendered.

How does the North Carolina clerk divide the commission between co-executors?

By the same time, responsibility, trouble, and skill factors the clerk already uses to set the commission, applied to each co-executor's share of the actual work. There's no fixed 50/50 default.

What happens if North Carolina co-executors disagree about the fee split?

The Clerk of Superior Court resolves it, the same way the clerk resolves any other disputed commission question.

Does North Carolina ever give each co-executor a separate full commission like some other states?

No — unlike New York's size-based formula or Florida's rule for two co-personal-representatives, North Carolina's total never exceeds what one person could have been approved for.

Should North Carolina co-executors keep records during administration to support their commission split?

Yes — since the split tracks actual work, keeping contemporaneous records makes the eventual division easier to support.

Estimate for general guidance only, not legal advice. Based on N.C.G.S. ยง 28A-23-3. The commission ceiling is sized the same way regardless of how many personal representatives serve; only its division among them changes, at the Clerk of Superior Court's discretion. A will can set different terms for multiple executors. Consult a North Carolina probate attorney to resolve a specific dispute over division.