Trusts & Estates – Wills – Executor – Commission – Clerk’s Discretion

In re Estate of Slick (Lawyers Weekly No. 11-16-0360, 9 pp.) (John C. Martin, Ch.J.) Appealed from Forsyth County Superior Court. (William Z. Wood Jr., J.) N.C. App. Unpub. Click here for the full text of the opinion.

Holding: The testator’s will made no provision for commissions for its executors. In determining the amount of commissions to award petitioner, the clerk of court considered the duration of her service as a co-executor, the specific tasks she completed, and that additional work was required to complete the administration of the estate. The clerk’s order demonstrates that the clerk considered “the time, responsibility, trouble and skill involved in the management of the estate” as was required by G.S. §28A-34-3(b).

We affirm the clerk’s award of $71,000 to petitioner.

The clerk also complied with G.S. § 28A-23-3 by considering amounts expended on other professionals in this case.

Since the clerk considered the specific tasks petitioner completed in administering the testator’s estate as well as the expense to the estate for other professional services, the clerk’s order resolved the disputed issue of whether the raise petitioner received at the testator’s company after the testator’s death foreclosed her entitlement to a commission under § 28-23-3.