Removing a Minor’s Name from Property Title and Establishing a Guardianship in North Carolina

Detailed Answer

When real estate sits in a minor’s name, North Carolina law requires a guardian to manage and convey that property. You cannot simply execute a deed removing the minor; you must establish a guardianship of the minor’s estate under Chapter 35A of the North Carolina General Statutes and obtain court approval for any conveyance. Below is the step-by-step process:

1. File a Petition for Guardianship of the Estate

Under N.C. Gen. Stat. § 35A-1201, an interested person (often a parent) petitions the Clerk of Superior Court in the county where the minor lives. The petition must identify the minor, describe the real property, and explain why a guardianship benefits the minor. G.S. 35A-1201.

2. Serve Notice and Post Bond

The clerk sets a hearing at least 10 days after notice. You must serve the minor, parents, and other interested parties as required by N.C. Gen. Stat. § 35A-1212. Unless the court waives bond, the guardian must post a fiduciary bond under N.C. Gen. Stat. § 35A-1220 to protect the minor’s assets.

3. Appointment and Letters of Guardian

At the hearing, the court may appoint the proposed guardian. Once appointed, the clerk issues Letters of Guardian of the Estate. These letters grant legal authority to manage or convey the property. G.S. 35A-1217.

4. Petition for Authority to Convey Real Property

Because minors cannot validly convey real estate on their own, the guardian must obtain specific court approval. File a petition under N.C. Gen. Stat. § 35A-1213 detailing the proposed sale or deed. The court reviews whether the transaction serves the minor’s best interests. G.S. 35A-1213.

5. Court Order and Recording the Deed

Once the court grants authority, it issues an order authorizing the conveyance. The guardian signs the deed in this form: John Smith, by Jane Smith, guardian. Attach a certified copy of the order and Letters of Guardian of the Estate and record all documents in the Register of Deeds office. This process legally removes the minor’s name from title.

Checklist for Establishing Guardianship and Conveying Minor’s Property

• Confirm the minor’s current ownership status (sole title, joint tenancy, etc.).
• Prepare and file the guardianship petition (G.S. 35A-1201).
• Serve notice and schedule the court hearing (G.S. 35A-1212).
• Post a bond if required by the court (G.S. 35A-1220).
• Obtain Letters of Guardian of the Estate (G.S. 35A-1217).
• File a petition for conveyance of real property (G.S. 35A-1213).
• Attend hearing for petition to convey.
• Record the court order, Letters of Guardian, and deed at the Register of Deeds.
• Maintain accurate accounting until the minor turns 18.

Conclusion and Call to Action

Removing a minor’s name from a property title and setting up a guardianship requires careful compliance with North Carolina’s guardianship statutes. Proper petitions, court approvals, and recorded documents ensure you protect the minor’s interests and avoid future disputes. Our attorneys at Pierce Law Group guide families through each step, from petitions to final recording. Contact us today at intake@piercelaw.com or call (919) 341-7055 to discuss your case and secure your minor’s property rights.