North Carolina Probate Costs, Fees & Small Estate Rules
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Opening cost
- $120+ estate fee of $0.40 per $100 of personal property (min $15, max $6,000)
- Small-estate threshold
- $20,000 — $30,000 if spouse is sole heircollection by affidavit, 30-day wait (G.S. 28A-25-1)
- Executor compensation
- Up to 5%, clerk's discretionG.S. 28A-23-3
- Where filed
- Clerk of Superior Court (ex officio probate judge)
North Carolina probate is administered by the Clerk of Superior Court, who sits as the probate judge — there is no separate probate court. Opening an estate costs $120 statewide, and the estate later pays a graduated fee of 40 cents per $100 of personal property (minimum $15, capped at $6,000).
Small estates move fast: when personal property (less liens) is $20,000 or less — $30,000 if the surviving spouse is the sole heir — an heir can use collection by affidavit after a 30-day wait, and where the spouse inherits everything, summary administration skips administration entirely. Real property in NC generally passes directly to heirs outside the personal-property calculation.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Opening filing fee$106 General Court of Justice fee + facilities/telecom fees | $120 | Official fee |
| Estate fee (on personal property) | $0.40 per $100 — min $15, max $6,000 | Official fee |
| Publication of creditor notice | $80–$250 | Estimate |
| Attorney — routine estatemany simple NC estates are handled pro se with clerk guidance | $2,000–$6,000+ | Estimate |
Official fees per the NC Courts estates fee chart (AOC E-383). Estimates are market figures.
Requirements
| Requirement | Rule |
|---|---|
| Collection by affidavit | Personal property ≤ $20,000 (≤ $30,000 spouse-sole-heir), 30 days after death, no PR appointed (G.S. 28A-25-1) |
| Summary administration | Surviving spouse is sole heir/devisee — assets pass with spouse assuming liabilities |
| Qualification | Executor qualifies before the clerk (AOC-E-201 application), takes oath, may need bond |
| Creditor period | 3 months from first publication of notice |
The process, step by step
- Check the affidavit route. ≤$20,000 personal property ($30,000 spouse) → file AOC-E-203 (Affidavit for Collection) after 30 days; a certified copy collects each asset.
- Qualify before the clerk. Apply with the will (AOC-E-201) or for administration (AOC-E-202); pay $120; letters issue.
- Notice to creditors. Publish once a week for 4 weeks; creditors have 3 months from first publication.
- Inventory (90 days). File AOC-E-505 valuing personal property — this drives the graduated estate fee.
- Final account. File the annual/final account (AOC-E-506) with vouchers; the clerk audits and closes the estate.
Forms & where to file
Clerk of Superior Court, Estates Division, in the decedent's county.
Frequently asked questions
How much does probate cost in North Carolina?
$120 to open, plus a graduated estate fee of 40 cents per $100 of personal property (minimum $15, maximum $6,000). A $300,000 personal-property estate pays $1,200.
What qualifies as a small estate in NC?
Personal property (less liens) of $20,000 or less — $30,000 when the surviving spouse is the sole heir. After a 30-day wait, an heir files the collection-by-affidavit form instead of opening administration.
Who runs probate in North Carolina?
The Clerk of Superior Court, acting as ex officio judge of probate — filings, audits and account approvals all happen at the clerk's estates division.
Does real estate go through NC probate?
Generally no — real property vests in the heirs or devisees at death and stays out of the personal-property fee base, unless it must be sold to pay debts.
Related information
Sources & verification
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.