Probate Q&A Series

How can I petition the court to be appointed guardian of my in-law’s estate? – North Carolina

Short Answer

In North Carolina, you petition the Clerk of Superior Court to first adjudicate your in-law incompetent to manage financial affairs and then appoint a guardian of the estate. You file the statewide petition form, have the sheriff personally serve your in-law with notice, and attend a hearing where the clerk decides if guardianship is needed and who should serve. If appointed, you must qualify by posting a bond and then manage assets under court supervision with required inventories and annual accountings.

Understanding the Problem

In North Carolina, can you and your spouse ask the Clerk of Superior Court to appoint you as co‑guardians of your in‑law’s estate (financial affairs) because the in‑law owns assets but won’t manage them? This is a single guardianship request focused on the estate (not personal care), handled by the clerk in the proper county.

Apply the Law

Guardianship for an adult’s finances is a two‑step process: (1) the clerk decides whether the adult is legally incompetent to manage property or make important financial decisions, and (2) if so, the clerk determines the least restrictive arrangement and selects the most suitable guardian of the estate. The proceeding is filed and heard by the Clerk of Superior Court. Personal service on the respondent (your in‑law) by the sheriff is required, and an attorney guardian ad litem is typically appointed. If appointed guardian of the estate, you must post a bond before receiving assets and make court‑supervised filings (inventory and annual accounts).

Key Requirements

  • Incompetency finding: The clerk must find your in‑law cannot manage property or make/communicate important financial decisions; less restrictive alternatives must be considered first.
  • Proper forum and service: File with the Clerk of Superior Court in the correct county; your in‑law must be personally served, and the clerk appoints an attorney guardian ad litem.
  • Suitability to serve: The clerk selects the person(s) who can most suitably serve, which may include co‑guardians or a neutral if family conflict exists.
  • Bond and qualification: A guardian of the estate must post a court‑approved bond and receive Letters of Guardianship before handling assets.
  • Ongoing duties: File a verified inventory after qualifying and annual accountings; manage assets prudently and in the ward’s best interests.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because your in‑law owns assets and will not manage them, the clerk will examine whether they lack capacity to handle finances and whether less restrictive options (like a representative payee or power of attorney) are inadequate. If incompetency is found, the clerk will decide who is most suitable to serve; you and your spouse can be appointed co‑guardians if that best serves the in‑law’s interests. If appointed, you must post bond, qualify, and comply with inventory and annual accounting duties.

Process & Timing

  1. Who files: Any interested person (you or your spouse). Where: Clerk of Superior Court in the county where your in‑law resides/domiciled or is present. What: File AOC‑SP‑200 (Petition for Adjudication of Incompetence and Application for Appointment of Guardian) and AOC‑SP‑201 (Notice of Hearing); many clerks also use AOC‑SP‑208 (Guardianship Capacity Questionnaire). Forms are on nccourts.gov. When: After filing, the sheriff personally serves your in‑law; hearings commonly occur within 4–6 weeks, varying by county.
  2. The clerk holds a hearing to decide incompetency and, if appropriate, who should serve. If there is immediate risk to the person or estate, you may seek an interim guardian; that motion is typically heard quickly.
  3. Final step: If appointed guardian of the estate or co‑guardians, post bond and qualify to receive Letters of Guardianship (AOC‑E‑206). Then file the guardianship inventory and begin annual accountings.

Exceptions & Pitfalls

  • Less restrictive alternatives: If a valid, effective power of attorney or other supports meet the need, the clerk may deny guardianship or limit it.
  • Service and GAL: Personal service on the respondent and appointment of an attorney guardian ad litem are required; defects can delay or derail the case.
  • Suitability and conflict: Family conflicts or poor credit (bonding issues) can lead the clerk to appoint a neutral guardian instead of relatives.
  • Multi‑state issues: If your in‑law recently moved or has ties to another state, jurisdiction under North Carolina’s interstate guardianship act may affect where to file.

Conclusion

To be appointed guardian of your in‑law’s estate in North Carolina, file the statewide petition with the Clerk of Superior Court, ensure your in‑law is personally served, and prepare for a hearing where the clerk must find incompetency and select the most suitable guardian. If appointed, you must post a bond, obtain Letters of Guardianship, and meet ongoing filing duties. Next step: file AOC‑SP‑200 with the proper clerk and arrange sheriff’s service.

Talk to a Guardianship Attorney

If you need to seek guardianship of an in‑law’s finances, 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.