Probate Q&A Series

What documentation does the new court need to recognize my existing guardianship and conservatorship? – North Carolina

Short Answer

In North Carolina, you either register your out-of-state guardianship/conservatorship or ask the Clerk of Superior Court to accept a transfer under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Expect to file certified copies of your current orders and letters, a sworn statement that the orders are still in effect, and notice to required parties. If the court requires a full transfer, you will also need a certified provisional transfer order from the original state and, later, the final transfer order before North Carolina issues new Letters.

Understanding the Problem

You want to know what the North Carolina court needs so it can recognize and honor the guardianship and conservatorship you already have from another state. In North Carolina, the Clerk of Superior Court handles adult guardianships. Your goal is either to register your current orders so you can use them here or to complete a transfer so North Carolina becomes the supervising court. The daughter already serves as guardian and conservator, and the new court has scheduled a remote hearing and asked for a transfer.

Apply the Law

North Carolina has adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). Under it, there are two paths: (1) registration of an out-of-state guardianship or conservatorship so you can act in North Carolina using your existing authority, or (2) acceptance of a transfer so North Carolina becomes the new home court and issues new Letters. The forum is the Clerk of Superior Court in the county where the adult now resides or is physically present. The clerk will set the hearing and any notice deadlines; procedures can vary by county.

Key Requirements

  • Certified orders and letters: File certified copies of the current guardianship/conservatorship order and your present Letters from the original state.
  • Sworn statement of currency: Include a signed statement that, to your knowledge, the appointment has not been modified or terminated.
  • Notice to interested persons: Provide a list of those entitled to notice (e.g., the adult, closest relatives, any co‑fiduciaries) with proof of service or written consents.
  • Transfer documents (if transferring): Attach a certified provisional transfer order from the original court; after that court enters its final transfer order, file it so North Carolina can issue new Letters.
  • Financial safeguards for conservators: Be ready to show existing bond and to post a North Carolina bond if the clerk requires one before issuing new Letters for the estate.
  • Venue and form compliance: File in the Clerk of Superior Court where the adult now lives or is present and use the current AOC guardianship forms posted on the N.C. Judicial Branch website.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because the North Carolina court asked for a transfer, you likely need to follow the UAGPPJA transfer path, not simple registration. That means you must obtain a certified provisional transfer order from the original court and file it here with certified copies of your current orders and Letters, sworn statements, and proof of notice. After the original court enters a final transfer order, file it so the clerk can issue North Carolina Letters and, for the conservatorship, set any required bond.

Process & Timing

  1. Who files: The current guardian and/or conservator. Where: Clerk of Superior Court (Special Proceedings) in the North Carolina county where the adult now resides or is present. What: Petition to accept transfer (guardian of the person, estate/conservator, or both) or, if allowed, registration documents; attach certified orders and Letters, sworn statement of no modification, list of interested persons for notice, and the original state’s certified provisional transfer order (if transferring). When: File as soon as possible after relocation and upon receiving the provisional transfer order; the clerk will set the hearing and notice timeline.
  2. The clerk reviews filings, ensures proper notice/consents, and holds a hearing (often remote). For conservatorships, be prepared to present bond information; the clerk may require a new North Carolina bond before issuing Letters.
  3. After the original state enters the final transfer order, file that certified final order. The clerk then enters a final acceptance order and issues North Carolina Letters of Guardianship and/or Letters of Conservatorship so you can act under North Carolina law.

Exceptions & Pitfalls

  • Registration vs. transfer: Registration lets you use your current authority in North Carolina but keeps the original court in charge; if the clerk requires transfer, you must complete the provisional-and-final order steps.
  • Certification matters: Use certified or exemplified copies of orders and Letters; plain copies are commonly rejected.
  • Bond changes: A new North Carolina bond may be required for conservators; arrange surety in advance to avoid delays.
  • Service and consent: Confirm who must receive notice in both states; incomplete notice is a frequent reason for continuances.
  • Significant-connection requirement: If the adult lacks sufficient ties to North Carolina, the clerk can decline transfer.

Conclusion

To have North Carolina recognize your existing guardianship and conservatorship, file with the Clerk of Superior Court either a registration (certified orders and Letters plus a sworn statement) or a transfer request (the same, plus a certified provisional transfer order, notice to interested persons, and later the final transfer order). For conservatorships, be prepared to post a North Carolina bond. Next step: file your petition and certified documents with the appropriate Clerk of Superior Court and follow the clerk’s notice and hearing schedule.

Talk to a Guardianship Attorney

If you’re dealing with registering or transferring an out-of-state guardianship or conservatorship into North Carolina, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.