If you’re facing probate in North Carolina, you’re probably wondering: “How much is this going to cost?” It’s one of the first questions I hear from families, and it’s an important one because probate does involve expenses.
I’m Ryan Smith, a licensed real estate agent and certified probate expert in New Hanover County, NC. I work with families navigating the probate process every day, and I’m going to break down what probate typically costs, what you can expect to pay, and where that money actually goes.
Important Disclaimer: I’m not an attorney, and nothing in this article is legal advice. This is educational information based on my experience working with families through probate situations. Every estate and every county is different, and costs can vary significantly. I strongly recommend talking to an attorney who specializes in probate for a specific estimate based on your situation. If you’d like a recommendation for an excellent probate attorney in our area, feel free to reach out.
The Five Main Cost Categories in North Carolina Probate
Probate expenses typically fall into five main categories:
- Court filing fees
- Attorney fees
- Executor or administrator fees
- Miscellaneous administrative costs
- Real estate-related costs (if applicable)
Let’s break down each one so you know exactly what to expect.
1. Court Filing Fees
Court filing fees are what you pay to the Clerk of Superior Court to open and process the probate case.
In New Hanover County:
- Initial filing fee: $200-$300
- Small estate process (estates under $20,000-$30,000): $100-$150
- Certified copies: $50-$100 (budget for 10-20 copies)
The good news? Court filing fees are relatively predictable and affordable. You’re looking at a few hundred dollars total, not thousands.
Why do you need so many certified copies? Every bank, financial institution, and title company wants their own certified copy of court documents. It adds up quickly.
2. Attorney Fees (Usually the Biggest Expense)
Let me be clear upfront: you’re not legally required to hire an attorney for probate in North Carolina. However, most people do hire one, especially if there’s real estate involved, significant assets, or any family complexity.
How Probate Attorneys Charge:
- Flat fee for the entire estate
- Hourly rate
- Percentage of the estate value
Typical Costs in the New Hanover Area:
- Straightforward estate: $2,000-$5,000 (flat fee)
- Complex estate (real estate, disputes, tax issues): $5,000-$10,000+
- Hourly rates: $200-$400 per hour
What You’re Getting: A probate attorney handles all the legal paperwork, files everything with the court, communicates with creditors, ensures deadlines are met, and protects you from making mistakes that could create personal liability. For most people, it’s money well spent.
Important: Attorney fees are typically paid by the estate, not by you personally.
3. Executor or Administrator Fees
The person managing the estate is legally entitled to compensation for their work. North Carolina law allows the executor to receive a reasonable fee—typically around 5% of the estate’s value.
Example: For a $200,000 estate, the executor could receive up to $10,000.
Here’s the thing: Many family members serving as executor choose not to take a fee, especially if they’re also an heir. Why? Because executor fees are taxable income, whereas an inheritance generally is not. If you’re inheriting most of the estate anyway, taking an executor fee might not make financial sense.
However, if you’re spending significant time managing a complex estate or you’re not an heir, you’re absolutely entitled to reasonable compensation.
4. Miscellaneous Administrative Costs
These smaller expenses add up during probate:
- Real estate or property appraisals: $300-$600 each
- Death certificates: $15-$25 each (order at least 10 copies)
- Estate tax returns and accounting: $500-$2,000+
- Other costs: Postage for certified mailings, publication fees for legal notices, recording fees for real estate deeds
Individually these are small, but collectively they can add several hundred dollars to your total costs.
5. Real Estate Costs (This Can Be Significant)
If the estate includes a house or land, there are specific costs to consider.
Ongoing Maintenance During Probate:
- Property taxes
- Homeowner’s insurance
- HOA fees
- Utilities
- Lawn service or maintenance
These costs can easily run $500-$2,000+ per month, especially if the property is vacant.
If You Sell the Property:
- Real estate commissions: 5-7% of sale price
- Closing costs (title insurance, attorney fees, transfer taxes): 2-3%
- Preparation costs: Cleaning, repairs, painting, landscaping
This is where I help families all the time. I can advise you on what repairs give you the best return, connect you with contractors, and help you understand what the property is worth. My goal is to maximize the estate’s value while minimizing costs and stress.
What Does Probate Cost in Total?
For a straightforward estate in New Hanover County with moderate assets and no major complications:
- Total costs: $3,000+
- Includes court fees, attorney fees, and administrative costs
For a more complex estate with real estate or significant assets:
- Total costs: $7,000-$15,000+
Using the simplified small estate process:
- Total costs: $1,000-$2,000
The important thing to remember: These costs are paid by the estate, not by you personally out of pocket. The estate’s funds pay these expenses before distributions are made to heirs.
How to Minimize Probate Costs
There are several ways to keep probate costs down:
- Be organized and responsive. The more organized you are with documents and deadlines, the less time your attorney spends and the lower your fees.
- Work with someone who understands probate real estate. If you’re in North Carolina, I can help you avoid costly mistakes and navigate the specific requirements for selling estate property.
- Communicate clearly with family members. Many probate complications and costs come from family disputes. If everyone’s on the same page, things move more smoothly and cost less.
The Bottom Line
Yes, probate involves costs. But those costs are generally reasonable and predictable, they’re paid by the estate (not out of your pocket), and they serve important purposes—making sure everything is handled legally, protecting you from liability, and ensuring proper distribution to heirs.
If you’re facing probate and concerned about costs, talk to a probate attorney who can give you a specific estimate for your situation. And if the estate includes real estate, I’d be happy to help you understand the process and your options.
Have questions about probate costs or inherited real estate? Reach out directly and I’ll be happy to help or connect you with someone who can.