NC General Statutes

N.C. Gen. Stat. § 32-61 (2026)

Counsel fees allowable to attorneys serving as fiduciaries

✓ current as of July 2026

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The clerk of superior court may exercise discretion to allow counsel fees to an attorney serving as a fiduciary or trustee (in addition to the compensation allowed to the attorney as a fiduciary or trustee) where the attorney, on behalf of the trust or fiduciary relationship, renders professional services as an attorney that are different from the services normally performed by a fiduciary or trustee and of a type which would reasonably justify the retention of legal counsel by a fiduciary or trustee who is not licensed to practice law. (2004-139, s. 2.)

Notes of Decisions

Cited in 2 cases, 2010–2012 · leading case: In re the Foreclosure of the Deed of Trust of Vogler Realty, Inc., 722 S.E.2d 459 (N.C. 2012).

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In re the Foreclosure of the Deed of Trust of Vogler Realty, Inc., 722 S.E.2d 459 (N.C. 2012). · cites it 18× “N.C.G.S. § 32-61 (2009). Both the majority and dissenting opinions in the Court of Appeals refer to section 32-61, and both opine that there is some applicability of this statute to a foreclosure sale.”

In Re the Foreclosure of the Deed of Trust of Vogler Realty, Inc., 703 S.E.2d 159 (N.C. Ct. App. 2010). · cites it 42× “The Bank argued in its motion and objection to disbursements in the Final Report, and in its brief, that the Trustee's payment of additional attorney's fees to himself, as attorney for the Trustee, was prohibited by N.C. Gen.Stat. § 32-61 and by our Court's holding in In re…”

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