Understanding the Cost of Probate in Charlotte, NC – and How to Minimize It

When a loved one passes away, it may be hard to imagine having to navigate the complicated legal processes of probate court while grieving. It is something that many residents of Charlotte and North Carolina endure. The cost of probate in Charlotte, NC, can be even more foreboding.

Due to these concerns, many people choose to anticipate additional costs, such as probate fees and funeral expenses, in advance. Understanding the fees and hidden costs of probate makes it easier to plan for these expenses in advance. To start with, let’s break down some of the costs of probate in Charlotte.

Things That Affect the Cost of Probate in NC

Charlotte probate laws are defined by the North Carolina General Statutes, which outline the court fees associated with the NC probate court. If your loved one left a will naming an estate administrator, court fees may be reduced compared to if no will existed, and the court has to appoint an administrator.

Larger estates can incur higher court fees. This is because for every $100 that an estate is valued at, the NC probate court charges 40 cents in fees, as stated in NCGS § 7A‑307. Therefore, if an estate is worth $100,000, the court fee includes $4,000. This amount, however, cannot exceed $6,000. Nominal fees also apply, such as a general fund fee and a facilities fee.

Should You Hire a Probate Lawyer?

If you are planning in advance, you may have already decided to hire a probate lawyer. It’s always a good idea to seek advice and guidance from a professional when legal matters come up. A probate lawyer can raise your initial costs, but it can ensure you avoid costly mistakes in administration in the long run.

With the median household annual income in Charlotte being around $80,000, many families may have a significant net worth. In 2024, only 32% of Americans had a will in place, a 6% decrease from 2023. The more complex an estate, the more complications can arise in probate. In addition, there is more room for error. The larger an estate, the more important it is to consult with outside counsel.

The Cost of a Probate Attorney

Weighing the benefits of hiring a probate lawyer against the cost of professional legal fees can help you determine the value for you. Attorneys charge different rates based on the services performed. Some charge hourly, while others charge a flat rate.

Requesting an estimate from a reputable, local probate attorney can give you an idea of the actual amount you need to set aside for lawyer fees. Whether you are planning ahead or in need of probate services following the recent passing of your loved one, a probate attorney can help:

• Ensure compliance with NC probate laws
• Handle valuations of assets and debts
• Address claims against the estate
• Address any disputes among family members
• Determine the tax liabilities of the estate
• Provide explanations of laws and processes
• Handle timelines

Charlotte Probate Court

Probate cases in Charlotte are handled at the Mecklenburg County Clerk of Superior Court inside the Mecklenburg County Courthouse located at 832 E 4th Street, Charlotte. When you work with an attorney, they can handle court submissions and arrange appearances, so you don’t have to navigate probate court on your own.

Why Choose Us?

Orsbon & Fenninger, LLP, is well-established in the legal community of Charlotte and the Mecklenburg County judicial circles. We are already familiar with the proceedings of the probate court and stay well-informed on the local laws. We are patient and respectful of all the families we represent and can answer any questions you have regarding NC probate laws. Our attorneys are certified to provide the legal services you need to move forward.

FAQs

Q: How Much Does It Cost to Go Through Probate in NC?

A: The cost to go through probate in NC is comparable to the size of the estate, regardless of whether the deceased left a will. Hiring a probate lawyer can add to the expense, but the benefits can far outweigh the cost of probate in NC. Speak to an experienced probate attorney in your area to determine an accurate estimate for probate needs.

Q: How to Start Probate Process in NC?

A: To start the probate process in NC, file a petition with the Clerk of Superior Court in the county where you are located. To become the personal representative of the estate you are probating, you need a copy of the death certificate. You may need to pay the court fees and fulfill any further actions depending on the circumstances of the estate. Speak to a North Carolina probate attorney for ideal advice on initiating the probate process in NC.

Q: Do You Need a Lawyer for Probate in NC?

A: No, you do not need a lawyer for probate in NC. Having a lawyer by your side in probate court can make the process much easier. Having a liaison who acts on your behalf while your loved one’s estate moves through probate can be an invaluable resource. Weighing the benefits against the cost of legal representation for probate court is an easy decision for many.

Q: What Assets Are Exempt From Probate in NC?

A: Assets that are exempt from probate in NC include assets and accounts that include a named beneficiary, such as a retirement account or life insurance policy. Also, accounts or titles to property or vehicles that have joint ownership or rights of survivorship are also exempt from probate. Additionally, any assets held in a trust are also excluded from probate requirements. In NC, estates that are valued under $20,000 can also avoid probate.

Connecting With a Reliable Charlotte Probate Lawyer

Orsbon & Fenninger, LLP, is a well-respected estate planning law firm in Charlotte. We have almost 70 years of combined legal experience. Our level of familiarity with NC probate laws is incomparable in the Charlotte area. Contact our office to speak with a member of our legal team to discuss your probate needs.