Dec42025
Guardianship Q&A Series

How long does the process usually take, and what fees or costs should I expect? – North Carolina

Short Answer

In North Carolina, an adult guardianship case often takes several weeks to a few months from filing to the initial hearing, depending on the county’s schedule, required evaluations, and notice to all interested parties. Costs usually include court filing fees, service and notice costs, possible evaluation expenses, guardian bond premiums, and attorney fees. The clerk of superior court has discretion to decide how most costs are shared among the parties. Exact timeframes and amounts vary by case and county.

Understanding the Problem

The question here is: in a North Carolina guardianship case, how long does it usually take to move from filing a petition to the appointment of a guardian, and what fees and costs are typically involved. This comes up when someone considers asking the clerk of superior court to appoint a guardian for an adult who may lack capacity and wants to understand both the likely timeline and the financial impact before filing. The focus is on standard adult guardianship proceedings in North Carolina, not emergency or out-of-state matters.

Apply the Law

Under North Carolina law, the clerk of superior court in each county handles guardianship cases and controls both the scheduling and allocation of many of the costs. Guardianship involves two related steps: first, deciding whether the respondent is incompetent, and second, deciding whether to appoint a guardian and on what terms. Each step can add time and expense, and the clerk has authority to order evaluations, require bonds, and approve compensation.

Key Requirements

  • Guardianship case opened with the clerk: A verified petition is filed in the clerk of superior court’s office in the proper county, and the case is scheduled and noticed as a special proceeding.
  • Hearing and possible evaluations: The clerk holds a hearing to decide incompetence and, if appropriate, what type of guardianship is needed, and may order multidisciplinary evaluations or reports that add time and cost.
  • Appointment, bond, and ongoing administration: If a guardian is appointed, the clerk may require a surety bond and later reviews the guardian’s accountings, which can involve bond premiums, commissions, and attorney fees.

What the Statutes Say

Analysis

Apply the Rule to the Facts: With only a general request for guardianship help and no urgency or existing documents described, a standard adult guardianship in North Carolina typically runs on the clerk’s regular calendar. That often means several weeks to get a hearing date, longer if a multidisciplinary evaluation or detailed agency report is ordered. Costs in such a case usually include filing fees, service and notice expenses, potential evaluation costs, any required bond premium if there is an estate to manage, and attorney fees, which the clerk can allocate among the parties or to the ward’s estate when appropriate.

Process & Timing

  1. Who files: A petitioner (often a family member or agency). Where: Clerk of Superior Court, Special Proceedings Division, in the county where the respondent resides or is present in North Carolina. What: Verified petition for adjudication of incompetence and application for appointment of guardian, plus any required notices. When: Filing can occur at any time; the clerk then sets a hearing date according to that county’s schedule.
  2. The clerk issues a notice of hearing and ensures service on the respondent and required parties; if needed, the clerk appoints a guardian ad litem and may order a multidisciplinary evaluation or agency report. This phase can add several weeks, depending on how quickly service is completed and how long evaluations take.
  3. At or after the incompetency and guardianship hearings, if a guardian is appointed, the proposed guardian completes any required bond and qualification paperwork before receiving authority over the ward’s property. The clerk then issues letters of guardianship, and ongoing costs may include annual accountings, bond renewals, and possible guardian commissions.

Exceptions & Pitfalls

  • Emergency or interim guardianship requests can move faster but may require additional filings and hearings, which can add cost even as they shorten the initial timeline.
  • If the respondent is indigent, some costs may be waived or shifted under the guardianship cost statute; failing to raise indigency can lead to unnecessary financial strain.
  • Not planning for bond requirements can delay the guardian’s ability to access the ward’s funds and may result in out-of-pocket payment of bond premiums until reimbursement is approved.
  • Incomplete petitions, improper service, or missing medical or evaluation information can cause continuances, stretching a case that might have taken weeks into many months.

Conclusion

North Carolina adult guardianship cases run through the clerk of superior court and usually take several weeks to a few months, depending on scheduling, service, and whether evaluations or agency reports are needed. Typical costs include court filing and service fees, possible evaluation expenses, guardian bond premiums, guardian compensation, and attorney fees, which the clerk may allocate among the parties or the ward’s estate. A practical next step is to file a complete, well-documented petition with the clerk in the proper county to start the scheduling process.

Talk to a Guardianship Attorney

If you are dealing with an adult guardianship case in North Carolina and need clarity on timelines, filing requirements, and likely costs, our firm has experienced attorneys who can help you understand your options and next steps. 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.