Nov102025
Guardianship Q&A Series

Do I need to notify all heirs before filing a guardianship petition? – North Carolina

Short Answer

No. In North Carolina, you do not notify “all heirs” before filing. You file a verified petition with the Clerk of Superior Court. After filing, the sheriff must personally serve the respondent (your parent), and you must mail copies of the petition and notice of hearing to the respondent’s next of kin and anyone else the clerk designates, with proof of mailing. If you seek to remove a current guardian, you file a post‑appointment motion and serve the named respondents under civil summons rules, not all heirs.

Understanding the Problem

You’re asking whether, in North Carolina, an adult child must notify all heirs before starting a guardianship case—or when trying to remove a current guardian. Here, the parent is hospitalized and siblings disagree about notice. The decision point is who must be notified, and when, in a guardianship filing before the Clerk of Superior Court.

Apply the Law

North Carolina guardianship cases begin when a verified petition is filed with the Clerk of Superior Court. The clerk issues a notice of hearing. The respondent (the person alleged to be incompetent) must be personally served—typically by the sheriff. The petitioner must also mail copies of the petition and notice to the respondent’s next of kin and any other persons the clerk designates, and then file proof of mailing. Hearings are usually held 10–30 days after service on the respondent. A guardian ad litem (an attorney) is appointed to represent the respondent. If you later seek to remove or replace a guardian, that post‑appointment request is filed as an estate proceeding before the clerk and served on the named respondents using a Rule 4 estate proceeding summons.

Key Requirements

  • File first, then notify: File a verified petition (AOC‑SP‑200) with the Clerk of Superior Court; the clerk issues the notice of hearing (AOC‑SP‑201).
  • Personal service on the respondent: The sheriff personally serves the respondent with the petition and notice; this service starts the hearing clock.
  • Mail notice to next of kin: You must mail copies to the respondent’s next of kin listed in the petition and anyone else the clerk designates, then file an affidavit/certificate proving mailing (AOC‑SP‑207).
  • Hearing timeframe: The hearing must be set at least 10 but not more than 30 days after service on the respondent, unless extended for good cause or evaluation.
  • Guardian ad litem: The clerk appoints an attorney GAL for the respondent; service on the GAL follows civil rules.
  • Post‑appointment changes: To remove/replace a guardian, file a motion in the cause as an estate proceeding; serve respondents with an Estate Proceeding Summons (AOC‑E‑102) under Rule 4; respondents generally have 20 days to respond.

What the Statutes Say

Analysis

Apply the Rule to the Facts: You do not need to notify all heirs before filing. File the petition; the sheriff must personally serve your parent. You then mail the petition and notice to your parent’s next of kin (such as adult children and spouse, if any) and to any other individuals the clerk directs, and file proof of mailing. If someone is a joint signer on accounts, ask the clerk to designate that person for notice; if assets are at risk, consider an interim guardian.

Process & Timing

  1. Who files: The adult child (petitioner). Where: Clerk of Superior Court, Special Proceedings Division, in the county of the respondent’s residence, domicile, or inpatient location in North Carolina. What: File AOC‑SP‑200 (Petition) and request the clerk to issue AOC‑SP‑201 (Notice of Hearing); the respondent’s Notice of Rights must accompany service. When: The clerk issues notice within five days of filing; the sheriff personally serves the respondent; the hearing is set 10–30 days after service on the respondent (extensions possible).
  2. If emergency risk exists: File a motion for an interim guardian within the petition (or by verified motion). The court schedules that hearing promptly; interim relief is limited and intended to protect the person or estate pending the main hearing.
  3. To remove/replace a guardian: File a motion in the cause in the guardianship file as an estate proceeding. The clerk issues an AOC‑E‑102 Estate Proceeding Summons; serve respondents under Rule 4. Respondents typically have 20 days to answer. The clerk then hears the motion and enters an order.

Exceptions & Pitfalls

  • “Heirs” vs. “next of kin”: The statute requires mailing to next of kin and any others the clerk designates—not every heir in the broader sense.
  • Proof of mailing: File the affidavit/certificate of mailing; missing proof delays the hearing.
  • Service mistakes: The respondent must be personally served by the sheriff; substitute or mail service on the respondent is not enough.
  • Post‑appointment motions: Use an Estate Proceeding Summons and Rule 4 service for removal or modification; failing to do so can derail the request.
  • Asset concerns: If a joint signer controls funds or there’s risk to assets, request the clerk to designate that person for notice and consider an interim guardian for prompt protection.

Conclusion

In North Carolina, you do not notify all heirs before filing a guardianship petition. You file the petition, the sheriff personally serves the respondent, and you mail copies to next of kin and anyone else the clerk designates, with proof of mailing. Hearings are set 10–30 days after service. If you want to remove a current guardian, file a motion in the cause as an estate proceeding and serve respondents with an Estate Proceeding Summons. File your petition with the Clerk of Superior Court to start the process.

Talk to a Guardianship Attorney

If you’re dealing with a North Carolina guardianship and need clarity on who must be notified and when, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Guardianship Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.