North Carolina estate administration

North Carolina probate: rules, process, costs, executor fees and deadlines

Small-estate limit: $20,000

In North Carolina, estates up to $20,000 can use the small-estate route; executor pay is capped at 5% of receipts plus 5% of expenditures, as the clerk fixes it (N.C. Gen. Stat. § 28A-23-3); and claims are due on the date the published notice names, at least three months out, or 90 days after mailed notice if later. North Carolina provides collection by affidavit for smaller personal-property estates after a 30-day wait.

Sources reviewed August 7, 2026. Sources rechecked October 3, 2026. This page last revised .

Answer first

North Carolina simplified probate route

Up to $20,000; usable 30 days after death. Source: N.C. Gen. Stat. § 28A-25-1.

Affidavit for collection of personal property

No combined North Carolina probate total

The Clerk of Superior Court filing charge (N.C. Gen. Stat. § 7A-307) differs by proceeding or by a value the statute defines. N.C. Gen. Stat. § 28A-23-3 caps executor pay without fixing it. Each side in full: North Carolina probate filing cost and North Carolina executor fees.

Screen a specific North Carolina estate with the calculators on the small-estate page and the executor-fee page, or compare states in the full estate navigator.

What the reviewed rules establish

Simplified route

$20,000

Affidavit for collection of personal property; usable 30 days after death.

Eligibility and caveats

Executor compensation

Court-reviewed

The statute caps compensation; the court sets the amount within it. Source: N.C. Gen. Stat. § 28A-23-3.

Compensation detail

Statutes read in full for North Carolina

Read on the enacting state’s own site, with the date each was read.

CitationWhat reading it establishedRead on
N.C. G.S. § 28A-25-1North Carolina’s affidavit ceiling moves when the surviving spouse is the sole heir — small estate route note2026-09-17
N.C. G.S. § 28A-23-3North Carolina caps commissions at 5% of receipts and expenditures — and the clerk sets the number — representative pay note2026-09-17

North Carolina decision map

The four facts that change the North Carolina route

Each North Carolina answer below links to the page that sets out its source.

North Carolina estate administration decision map
QuestionRecorded North Carolina answer
What route is being screened?Affidavit for collection of personal property
What property and basis count?personal probate property only; net of enforceable liens and encumbrances.
What is the amount screen?$20,000
What is the time or deadline record?30 days after death; creditor deadlines: separate clocks by triggering event
What does the cost record establish?1 published schedule; the proceeding and value basis control the total.
What does compensation use?Statutory ceiling, measured on money received and paid out during administration.

Limits and unresolved costs

  • The statute cited here applies when the decedent died intestate, meaning without a will. A separate section covers testate estates.
  • Real property is not transferred through the affidavit procedure.
  • Compensation is discretionary up to the statutory ceiling.
  • The $30,000 surviving-spouse limit applies after any spousal allowance paid under G.S. 30-15 is deducted.

Need the overall planning range rather than a filing deadline?Read how long North Carolina probate may take.

What North Carolina courts publish

Each link goes to the court’s own page and is checked before every release.

Limits on court material

  • North Carolina publishes both a statewide affidavit form and a statewide cost schedule, so the numbers on this page can be checked against the court's own publication.

North Carolina primary sources

Each rule on the North Carolina pages comes from one of these 5 sources; the citation opens the publisher’s own text. All were last rechecked October 3, 2026.

  1. Simplified-procedure rule

    N.C. Gen. Stat. § 28A-25-1, North Carolina General Statutes, Collection by Affidavit.

    • Small-estate limit: $20,000
    • Small-estate limit when the surviving spouse takes the whole estate: $30,000
    • Waiting period: 30 days
    • How the estate is valued: net of liens and encumbrances
    • Property the route covers: personal property only

    North Carolina General Assembly · Section history through 2021-71, s. 2.3

  2. Court cost rule

    N.C. Gen. Stat. § 7A-307, North Carolina General Statutes, Costs in Estate Administration.

    • Filing fee: $106 base General Court of Justice cost
    • Filing fee valuation charge: $0.40 per $100 of gross estate, capped at $6,000
    • Filing fee technology surcharge: $4.00
    • Gross estate excludes the value of realty not sold

    North Carolina General Assembly · Section history through 2023-88, s. 7

  3. Executor compensation rule

    N.C. Gen. Stat. § 28A-23-3, North Carolina General Statutes, Commissions.

    • Personal representative's compensation standard: a statutory maximum
    • Personal representative's commission schedule: 5% ceiling on receipts and expenditures

    North Carolina General Assembly · Section history through 2011-344, s. 4

  4. Creditor deadline rule

    N.C. Gen. Stat. § 28A-14-1(a), North Carolina General Statutes, Notice for Claims.

    • Creditor deadline after published notice: day named at least three months from first publication

    North Carolina General Assembly · Section history through 2021-88, s. 9(f

  5. Creditor deadline rule

    N.C. Gen. Stat. § 28A-19-3, North Carolina General Statutes, Limitations on Presentation of Claims.

    • Creditor deadline after actual notice: 90 days from mailing if later than date in general notice
    • Outer limit on creditor claims: three years after death if no publication

    North Carolina General Assembly · Section history through 2011-344, s. 4

Sources rechecked October 3, 2026: North Carolina source list · how sources are checked · report a correction