Dec292025
Guardianship Q&A Series

How can I obtain the bond and complete the oath so I can get letters of guardianship to manage bank accounts and bills? – North Carolina

Short Answer

In North Carolina, the clerk of superior court generally will not issue letters of guardianship that allow control of an incapacitated person’s money until the proposed guardian of the estate (or general guardian) “qualifies” by filing an oath and an approved bond. The bond is typically arranged through a surety company, filed with the clerk, and approved in an amount set by the clerk based on the value of the ward’s assets. After the oath and bond are accepted, the clerk issues letters of appointment that banks and other payors usually require before granting access.

Understanding the Problem

In a North Carolina guardianship, can a person who already serves as guardian of the person take the final “qualification” steps—obtaining a bond through a surety and completing an oath—so the clerk of superior court will issue letters of general guardianship (or guardianship of the estate) that allow management of bank accounts and payment of ongoing bills?

Apply the Law

Under North Carolina law, a guardian of the person generally has authority over personal and medical decisions, but financial authority typically requires appointment as a guardian of the estate or a general guardian. Before a general guardian or guardian of the estate can receive the ward’s property, the clerk must require a bond (unless a specific statutory exception applies), approve the bond, and then issue letters of appointment showing the type of guardianship granted. The bond’s amount is tied to the value of the ward’s property and is meant to protect the ward and others from financial loss if the guardian mishandles funds or disobeys court orders.

Key Requirements

  • Proper role (estate authority): Appointment as a guardian of the estate or general guardian (not only guardian of the person) is typically required to access and manage accounts and pay bills.
  • Qualification by oath and bond: Before letters issue and before receiving the ward’s property, the guardian must complete the required oath and file a bond that the clerk approves.
  • Bond amount set by the clerk: The clerk sets the bond amount after determining the value of the ward’s property (and certain expected income), and the amount depends on whether the bond uses personal sureties or a surety company.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The court has directed the proposed guardian to obtain a bond and complete an oath in order to receive letters of general guardianship that will be used to access bank accounts and pay bills. Under North Carolina law, that instruction fits the “qualification” step required before the clerk issues letters and before the guardian of the estate (or general guardian) can receive the ward’s property. The main work is (1) confirming the clerk’s required bond amount and form, (2) getting the surety bond issued in that amount, and (3) signing the oath and filing both with the clerk so the letters can be issued.

Process & Timing

  1. Who files: The appointed guardian (or the proposed guardian directed by the clerk) signs and files the oath and bond. Where: Office of the Clerk of Superior Court (Estates/Guardianship division) in the county where the guardianship is pending in North Carolina. What: The clerk’s required oath form and the surety bond form issued by the surety company (plus any clerk cover sheet or acceptance form used locally). When: Before any attempt to take control of the ward’s funds, because the clerk generally will not issue letters of appointment for an estate/general guardianship until qualification is complete.
  2. Bond set-up with a surety: A surety company (often through an insurance agent) underwrites the bond based on the bond amount set by the clerk and the proposed guardian’s information. The surety prepares the bond for signature and filing; the clerk must approve it.
  3. Letters issued: After the clerk accepts the oath and approves the bond, the clerk issues letters of appointment showing the type of guardianship. Certified copies of letters are typically obtained for banks, investment firms, utilities, and other payors.

Exceptions & Pitfalls

  • Wrong type of guardianship: A guardian of the person alone often cannot access accounts. The letters must reflect general guardianship or guardianship of the estate for financial institutions to honor them.
  • Bond amount surprises: The bond amount is tied to asset value and can be higher than expected. Under North Carolina law, the clerk sets different minimum multipliers depending on whether personal sureties are used or a surety company bond is used, and the bond may need to increase later if assets increase or property is sold.
  • Delays from incomplete paperwork: Missing signatures, using the wrong named principal, or filing a bond that does not match the clerk’s required amount can delay issuance of letters.
  • Ongoing reporting duties: Qualification is not the last step. Guardians of the estate/general guardians usually must file an inventory and then annual accounts under oath, with receipts or other proof of payments, and the clerk audits those filings.
  • Out-of-state guardian issues: If the guardian is not a North Carolina resident, the clerk may require specific forms of security and additional steps before the guardian can receive the ward’s property.

Conclusion

In North Carolina, letters that allow management of an incapacitated person’s finances typically issue only after the guardian qualifies by completing the oath and filing a bond approved by the clerk of superior court. The clerk sets the bond amount based on the ward’s assets, and a surety company usually issues the bond in that amount for filing with the clerk. The most time-sensitive follow-up duty is the inventory: a guardian generally must file it within three months of appointment.

Talk to a Guardianship Attorney

If a court has ordered a bond and oath so letters can be issued to manage an incapacitated parent’s bank accounts and bills, a guardianship attorney can help coordinate the surety bond, confirm the clerk’s requirements, and avoid delays in getting letters and complying with inventory and accounting rules. 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.