Nov172025
Guardianship Q&A Series

What is the typical timeline and fee structure for obtaining guardianship? – North Carolina

Short Answer

In North Carolina, an adult guardianship case is opened by filing a petition with the Clerk of Superior Court. The clerk sets a hearing quickly, personal service by the sheriff is required, and many cases are heard within a few weeks; emergency “interim” relief can be heard immediately. Core costs include a filing fee, sheriff’s service fee, and potential guardian ad litem and evaluation costs; if a guardian of the estate is appointed, percentage-based inventory fees and bond costs may apply. Replacing an existing guardian generally requires a motion in the existing case (or an interstate transfer/registration) and follows similar timelines and costs.

Understanding the Problem

Question: In North Carolina, how long does it take and what does it cost to (a) obtain adult guardianship or (b) replace a current guardian, when a family member seeks authority to make health care decisions, manage day-to-day care, and possibly relocate the adult? The decision point is whether North Carolina has authority to proceed and whether the relief is a new appointment or a replacement in the existing file.

Apply the Law

Under North Carolina law, adult guardianship involves two phases: adjudication of incompetence and, if proven, appointment of a guardian (guardian of the person, guardian of the estate, or general guardian). The Clerk of Superior Court is the primary forum. If another state already appointed a guardian, North Carolina’s interstate guardianship statutes govern recognition or transfer. Timelines are expedited, and emergency interim relief is available when immediate action is needed.

Key Requirements

  • Jurisdiction and venue: Determine whether North Carolina is the proper state to hear the case (home state or significant-connection) or to accept a transfer from another state.
  • Type of guardianship: Choose guardian of the person (health care/residential decisions), guardian of the estate (financial management), or general guardian (both), which affects bond and fees.
  • Service and hearing: The respondent must be personally served by the sheriff; the court promptly schedules a hearing and may appoint a guardian ad litem.
  • Proof and order: The petitioner must meet the legal burden; if met, the clerk appoints the most suitable guardian and tailors the scope of powers.
  • Fees and costs: Filing and service fees apply; GAL and evaluation costs may be taxed as costs; guardians of the estate incur inventory-based court fees and bond premiums.
  • Replacing a guardian: File a motion in the existing guardianship (or use interstate transfer/registration) and show that replacement serves the ward’s best interests and statutory standards.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The goal is guardian-of-the-person powers (health care, daily care, placement/relocation). If the existing guardian was appointed in another state and the adult now lives in a different state, North Carolina’s interstate rules determine whether NC can hear a new case or should accept a transfer. If the original appointment was in NC, replacement proceeds by motion in the existing guardianship file before the Clerk of Superior Court. Either way, the court will set a prompt hearing after personal service and consider who can most suitably serve the ward’s best interests.

Process & Timing

  1. Who files: An interested family member. Where: Clerk of Superior Court in the proper North Carolina county (initial case if NC has jurisdiction, or the county holding the existing guardianship file for a replacement). What: For a new case, file Petition for Adjudication of Incompetence and Appointment of Guardian (AOC‑SP‑200) and Notice of Hearing (AOC‑SP‑201); many clerks also request an SCRA Declaration (AOC‑G‑250). For replacement, file a motion in the cause in the guardianship file (or petition to accept transfer if coming from another state). When: The clerk sets hearings quickly; emergency interim motions are set immediately.
  2. Pre‑hearing: The sheriff personally serves the respondent; the clerk appoints a guardian ad litem if required. Some cases use a multidisciplinary evaluation. Uncontested matters often reach hearing in a few weeks; contested cases or interstate transfers can take longer.
  3. Hearing and after: If the proof standard is met, the clerk appoints the most suitable guardian and tailors powers (health care, residential decisions). Letters issue after oath and any required bond. For guardians of the estate, expect inventory filings, percentage‑based inventory fees, and annual accounts.

Exceptions & Pitfalls

  • Interstate snag: If another state appointed the guardian, North Carolina may need to accept a transfer or rely on registration/recognition before changing the guardian.
  • Wrong guardianship type: Seeking a general guardian when only health care authority is needed can add bond and accounting costs; consider guardian of the person when finances are not at issue.
  • Service and SCRA: Lack of personal service or missing Servicemembers Civil Relief Act declarations can delay the hearing.
  • Time extensions: Multidisciplinary evaluations or contested evidence can extend the timeline.
  • Bonds and inventory fees: If a guardian of the estate is appointed, plan for bond premiums and inventory‑based court costs; these do not apply to a guardian of the person.

Conclusion

Most North Carolina adult guardianship cases reach a hearing within weeks, with emergency interim relief available immediately. Core costs include a filing fee and sheriff’s service, with possible guardian ad litem and evaluation costs; appointing a guardian of the estate adds inventory-based court fees and bond costs. To proceed, file the appropriate petition (or motion to replace/accept transfer) with the Clerk of Superior Court and ensure prompt personal service so the hearing can be scheduled without delay.

Talk to a Guardianship Attorney

If you’re dealing with timelines, fees, or replacing a current guardian, 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.