Short Answer

In North Carolina, the Clerk of Superior Court (Estates/Guardianship division) maintains the official record for guardianship cases. You can request the current status directly from the clerk by the ward’s name or case number, review the file, and obtain copies of orders and accountings. If required filings (like inventories or annual accounts) are missing or overdue, any interested person may ask the clerk to order the guardian to account or set a status hearing.

Understanding the Problem

You want to know, in North Carolina, how you can learn the current status of a long‑pending guardianship involving your relative when you have not received recent updates from prior counsel. You need a clear way to confirm what has been filed, whether the guardian is current on reports, and what to do if the case appears stalled.

Apply the Law

In North Carolina, guardianships are overseen by the Clerk of Superior Court. After an incompetency hearing, ongoing administration is handled in the clerk’s Estates/Guardianship division. Guardians of the estate must file an initial inventory and periodic accountings; guardians of the person must submit status reports. The clerk has continuing authority to monitor the case, require filings, and set hearings. Post‑appointment requests (for example, to compel an accounting) are filed as estate proceedings and follow the clerk’s hearing process.

Key Requirements

• Official file holds the status: The clerk’s file (special proceeding for adjudication; estates/guardianship file for administration) shows orders, inventories, and annual filings.
• Guardian reporting: A guardian of the estate must inventory assets soon after appointment and file annual accounts; a guardian of the person must submit status reports on the ward’s well‑being.
• Clerk’s oversight powers: If filings are late or inadequate, the clerk can order compliance, set deadlines, and, if needed, remove a guardian or use contempt remedies.
• Interested person standing: Family and other interested persons may request to inspect the file and move the clerk for a status review or to compel an accounting.
• Forum and procedure: File post‑appointment requests with the Clerk of Superior Court in the county of the guardianship; service and notice follow the estate‑proceeding rules.

What the Statutes Say

• N.C. Gen. Stat. § 35A-1262 (Failure to file inventory or account) – Clerk must order a delinquent guardian to file; noncompliance can lead to removal or contempt.
• N.C. Gen. Stat. § 35A-1242 (Reports by guardian of the person) – Requires initial and periodic status reports on the ward’s condition.
• N.C. Gen. Stat. § 35A-1207 (Clerk’s continuing authority) – Clerk may enter appropriate orders and manage the guardianship after appointment.
• N.C. Gen. Stat. § 28A-2-6 (Estate proceeding procedures) – Sets petition, notice, and hearing procedures used for post‑appointment motions before the clerk.

Analysis

Apply the Rule to the Facts: Because you have not received updates, start with the clerk’s file; it is the official status record. If the case has been pending for years, look for an inventory and annual accounts in the estates/guardianship file; those filings should identify and track the asset you mentioned. If required filings are missing or outdated, you, as an interested family member, can ask the clerk to set a status hearing or order the guardian to file an up‑to‑date accounting.

Process & Timing

1. Who files: An interested family member. Where: Clerk of Superior Court, Estates/Guardianship division in the county where the guardianship is administered. What: A short written motion or petition for status review or to compel an accounting (no specific AOC form required). When: File as soon as you confirm missing or outdated filings; guardians generally owe an initial inventory within months of appointment and annual accounts thereafter.
2. The clerk issues notice and sets a hearing. You must serve the guardian and other required parties under the estate‑proceeding rules. Many clerks schedule hearings within a few weeks, but timing varies by county.
3. After the hearing, the clerk enters a written order (for example, directing an accounting by a set date). Obtain copies of the order and any accountings filed.

Exceptions & Pitfalls

• Some medical or sensitive records in the file may be restricted; ask the clerk how to view or request redacted copies.
• Post‑appointment motions are handled as estate proceedings; make sure you serve parties properly, or your hearing may be delayed.
• If the ward moved across state lines, jurisdiction questions under North Carolina’s adult guardianship jurisdiction statutes can affect scheduling and orders.

Talk to a Guardianship Attorney

If you’re dealing with a long‑pending guardianship and need clear answers about filings, accountings, or next steps, 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.