Short Answer

Yes. In North Carolina, a guardian of the estate or a general guardian must file an initial inventory and annual accountings with the Clerk of Superior Court, and the clerk oversees those filings. If information about a specific asset is missing or overdue, an interested person may ask the clerk to compel an accounting or clarify the asset. Some records (like medical reports from the incompetency phase) may be confidential, but financial accountings are overseen by the clerk.

Understanding the Problem

This question asks: in North Carolina, can a family member get information about an asset held within an ongoing guardianship case, and how? You want to know what you can ask the Clerk of Superior Court to do, and when. Here, the case has been pending for years, and you have not received recent updates.

Apply the Law

Under North Carolina law, only a guardian of the estate or a general guardian manages money and property for the ward. Those guardians must file an initial inventory shortly after appointment and annual accountings thereafter. The Clerk of Superior Court audits these filings and can order a guardian to file, appear, or show cause. If you have a stake or legitimate concern, you may ask to inspect the guardianship file and, if needed, move the clerk to compel an accounting that addresses a particular asset.

Key Requirements

• Role and standing: You are the ward, the guardian, or an interested person with a legitimate connection to the guardianship.
• Required filings exist or can be compelled: Guardians of the estate/general guardians must file an inventory (early in the case) and annual accountings; the clerk can order missing or clearer filings.
• Proper forum and request: File your request with the Clerk of Superior Court (Estates/Special Proceedings). If accountings are late or unclear, seek an order to compel and a hearing if needed.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1253 (Duties of guardian of the estate) – Sets prudent-management and compliance duties for guardians handling assets.
• North Carolina Gen. Stat. § 35A-1262 (Order to file inventory/account; enforcement) – Authorizes the clerk to require a delinquent guardian to file; removal or contempt may follow.
• North Carolina Gen. Stat. § 35A-1265 (Annual accounts; enforcement; recovery of assets) – Requires annual accounts and provides tools to compel information and recover assets.

Analysis

Apply the Rule to the Facts: Because this guardianship has been pending for years, the guardian of the estate (or general guardian) should have filed an initial inventory and yearly accounts listing assets, receipts, and disbursements. If you have not received updates and an asset is unclear, you can ask the clerk to let you review the file and, if needed, request an order compelling the guardian to account for that specific asset.

Process & Timing

1. Who files: Ward, guardian, or interested family member. Where: Clerk of Superior Court, Estates/Special Proceedings Division in the county where the guardianship is filed. What: A written request to inspect the file and, if necessary, a motion/petition asking the clerk to compel an inventory or annual accounting that addresses the asset. When: The guardian’s inventory is due within the first few months of appointment, and annual accountings are due each year; request relief as soon as you learn filings are late or incomplete.
2. After filing, the clerk may set a hearing and can order the guardian to file or supplement an accounting. Timeframes vary by county; hearings are often scheduled within weeks.
3. Following the hearing, the clerk issues an order. Expected outcomes include: filing of an overdue or supplemental account, directives to document a specific asset, or, for continued noncompliance, sanctions such as show-cause or removal.

Exceptions & Pitfalls

• Only the guardian of the estate or a general guardian manages money; a guardian of the person does not file financial accountings.
• Medical and competency evaluations are often confidential; financial accountings are overseen by the clerk, but access to some materials may be limited.
• If you are not already a party, the clerk may require you to show you are an “interested person” to obtain relief or to inspect certain filings.
• Service matters: if you move to compel, properly serve the guardian and any necessary parties to avoid delay.
• Do not wait on informal updates; if accountings are overdue, ask the clerk to set a compliance hearing.

Conclusion

In North Carolina, you can request information about guardianship assets by inspecting the court file and, if needed, asking the Clerk of Superior Court to compel an inventory or annual account that addresses the asset. Guardians of the estate or general guardians must inventory early and account annually. If filings are overdue or unclear, file a motion with the clerk to compel an accounting and set a hearing.

Talk to a Guardianship Attorney

If you’re dealing with unclear or overdue guardianship accountings, 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.