Dec182025
Guardianship Q&A Series

Is there any way to have the bond waived or reduced based on my situation? – North Carolina

Short Answer

Sometimes. In North Carolina, the Clerk of Superior Court usually requires a bond before issuing letters of general guardianship or guardianship of the estate, but the bond amount can often be reduced when assets are kept in a court-restricted account. In narrower situations, the clerk may not require a bond if the bond requirement is waived in writing by the person who filed the guardianship petition (or the person who designated the guardian). Whether a waiver or reduction is available depends on how the case was started, what property exists, and how that property will be controlled.

Understanding the Problem

In a North Carolina guardianship, can the Clerk of Superior Court waive the bond entirely, or reduce the bond amount, when a family member already serves as guardian of the person and now seeks authority over finances through general guardianship (or guardianship of the estate)? If the court has directed that a bond and oath be completed before letters issue, what options exist to meet the bond requirement in a more affordable way while still allowing access to accounts?

Apply the Law

North Carolina treats a bond as a financial safeguard for the ward’s property. For a general guardian or guardian of the estate, the clerk generally requires “sufficient surety” before the guardian may receive or control the ward’s property, and the clerk sets the bond amount based on the value of the ward’s personal property and certain income from the ward’s real estate. Even when a bond is required, North Carolina law gives the clerk tools to reduce the bond amount, especially when funds are placed in a court-restricted depository account that cannot be withdrawn without court authorization.

Key Requirements

  • Type of guardianship sought: Bond rules are different for a guardian of the person (often no bond for NC residents) versus a general guardian or guardian of the estate (bond is commonly required before letters issue and before property can be received).
  • How the ward’s money will be held: If funds are placed in a restricted account that requires court authorization to withdraw principal, the clerk may exclude those restricted funds from the bond calculation or set a lower bond amount for those funds.
  • Whether a statutory waiver applies: In certain appointment paths, the clerk “need not” require a bond if the bond requirement is waived in writing by the petitioner or designator, and some general-guardian appointments have a “triggering event” before a bond is required.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The court has directed that a bond and oath be completed before letters of general guardianship issue so that finances can be accessed. Under North Carolina law, that direction fits the general rule that a guardian who will control property must qualify with a bond before receiving the ward’s assets. The most common path to a lower bond in this situation is to ask the clerk to require deposit of cash assets into a restricted account, then seek exclusion of those restricted funds from the bond calculation or a reduction tied to the restriction. A full waiver is usually narrower and depends on whether the case falls into a category where a written waiver by the petitioner or designator is permitted.

Process & Timing

  1. Who files: The proposed general guardian (or guardian of the estate) through counsel, or pro se if allowed. Where: The Office of the Clerk of Superior Court in the county where the guardianship is pending. What: A written request/motion asking the clerk to set a reduced bond and (when appropriate) an order directing deposit of funds into a court-restricted account; plus the required oath/qualification paperwork for issuance of letters. When: Typically after appointment but before letters of general guardianship (or estate guardianship) issue and before any financial institution will release funds to the guardian.
  2. Bond underwriting step: If a surety bond is still required, a surety company application is submitted with the bond amount set (or proposed) by the clerk’s office; underwriting commonly requires financial background information and may take days to a couple of weeks depending on the carrier and documentation.
  3. Qualification and letters: After the clerk approves the bond (or signs an order allowing a reduction/exclusion based on a restricted account) and the oath is completed, the clerk can issue letters of general guardianship (or letters for guardianship of the estate), which are then used to present authority to banks and other institutions.

Exceptions & Pitfalls

  • Confusing “guardian of the person” with “guardian of the estate/general guardian”: A guardian of the person may not need a bond (especially if a North Carolina resident), but that does not eliminate the bond requirement once financial authority is requested.
  • Assuming hardship alone leads to waiver: North Carolina law more commonly reduces bond by changing how assets are held (for example, court-restricted accounts), rather than waiving bond solely because a bond premium is difficult to afford.
  • Restricted account paperwork problems: To exclude funds from the bond calculation, the clerk typically needs documentation that the financial institution agrees the principal cannot be withdrawn without court authorization; missing or incomplete acknowledgments can derail a reduction request.
  • Bond increases later: If additional property comes under the guardian’s control, or if certain sales occur, the clerk can require an increased bond before proceeds are received.
  • County-by-county practices: Clerks’ offices may use different forms, appointment procedures, and review timelines; confirming local requirements early helps avoid repeat trips and rejected filings.

Conclusion

In North Carolina, a bond is normally required before letters of general guardianship or guardianship of the estate issue and before the guardian can receive the ward’s property. A bond can often be reduced by placing money into a court-restricted account and asking the Clerk of Superior Court to exclude those restricted funds from the bond calculation or set a lower amount. A complete waiver is more limited and may depend on a written waiver by the petitioner or designator in qualifying cases. The next step is to file a request with the Clerk of Superior Court to set a reduced bond based on how the ward’s funds will be held.

Talk to a Guardianship Attorney

If a court has required a guardianship bond before letters will issue and access to accounts is on hold, our firm has experienced attorneys who can help explain the purpose of the bond, request a reduction when the law allows, and move the qualification process forward. 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.