Quick answer: the ordinary 5-6% realtor commission applies the same as any home sale. The executor's own commission, capped at 5% under § 28A-23-3, generally does not apply to the house at all — unless it's sold specifically to pay the estate's debts. See how this plays out for your own numbers in the North Carolina probate real estate sale calculator.
Why real estate usually sits outside the commission base
A worked comparison
| Scenario | Executor commission on a $300,000 house |
|---|---|
| Distributed in-kind to an heir | $0 (excluded) |
| Sold for a reason other than paying debts | $0 (excluded) |
| Sold specifically to pay estate debts | Up to $15,000 (5% of receipts, clerk's discretion) |
Illustrative maximum. The clerk sets the actual percentage based on the work involved, not automatically at 5%.
The realtor commission is separate, and always applies
Regardless of what the executor's own commission looks like, the ordinary real estate commission — typically 5% to 6%, split between the listing and buyer's agents — comes out of the sale proceeds at closing the same as any other home sale in North Carolina.
What can push the commission toward the 5% ceiling
The Clerk of Superior Court weighs the actual time, responsibility, trouble, and skill involved — an estate that required extraordinary work (a contested sale, a difficult title issue, active management of a business) is more likely to see a commission near the statutory maximum than a routine, uncontested administration.
The Clerk of Superior Court's discretion on commission works the same in Mecklenburg County (Charlotte) as in Wake County (Raleigh) — the 5% ceiling itself never changes by county.
A local probate attorney can review your estate — many offer a free consultation.