Short Answer

In North Carolina, a guardianship ends when the ward dies, but you remain responsible until the Clerk of Superior Court approves your final account and discharges you. To resign and close the case, file a final guardianship account within 60 days of death, transfer all remaining assets to the decedent’s duly appointed personal representative, and submit a verified resignation asking the clerk to discharge you and release your bond.

Understanding the Problem

You want to know how, in North Carolina, a guardian can step down and properly close the guardianship after the ward’s death. Here, the actor is the guardian; the actions are filing a final account, resigning, and obtaining discharge; and the trigger is the ward’s death earlier this year. You’re in the right place to understand what the Clerk of Superior Court requires to end your duties and protect you from personal liability.

Apply the Law

Under North Carolina law, a ward’s death ends the guardianship, but the guardian’s duties continue until the clerk approves a final account and enters an order of discharge. The guardian must promptly account for all assets, stop making new expenditures, and deliver remaining property to the personal representative of the decedent’s estate. If no estate is open, the guardian should coordinate with the family or apply to have an estate opened so there is a lawful recipient for the funds. The Clerk of Superior Court audits the final guardianship account and, upon satisfaction, may discharge the guardian and release the bond.

Key Requirements

• Final account within 60 days: File a complete, supported guardianship final account after the ward’s death showing all receipts, disbursements, and remaining assets.
• Deliver assets to the estate’s personal representative: Transfer cash and other property to the duly appointed personal representative; do not distribute to relatives directly.
• Verified resignation and discharge: File a written, verified resignation asking the clerk to approve your final account, discharge you, and release your bond.
• Vouchers and records: Provide bank statements, canceled checks, paid invoices, and receipts for all transactions; keep records until you receive the discharge order.
• No new transactions: After death, stop making new investments or sales; only safeguard assets until delivery to the personal representative.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1295 (When guardianship terminates) – A guardianship ends at the ward’s death, but accounting obligations remain.
• North Carolina Gen. Stat. § 35A-1266 (Final account and delivery) – Final guardianship account is due and assets must be delivered as required.
• North Carolina Gen. Stat. § 35A-1292 (Resignation of guardian) – Guardian may resign by written application; discharge follows approval of accounts.
• North Carolina Gen. Stat. § 28A-5-2 (Renunciation; appointment of personal representative) – If no one applies for estate letters within prescribed time, the clerk may declare prior rights renounced and appoint a suitable person.

Analysis

Apply the Rule to the Facts: Because your relative died earlier this year, the guardianship ended at death, but you must still file a final guardianship account within 60 days and seek discharge. You should not pay heirs or handle the mortgaged home or insurance as guardian. Instead, deliver the bank funds and any other guardianship property to the estate’s personal representative once appointed, then file a verified resignation and request discharge. If no one has opened an estate, you can prompt an heir to apply or ask the clerk to appoint a suitable personal representative so you have a lawful recipient.

Process & Timing

1. Who files: The guardian. Where: File in the existing guardianship file with the Clerk of Superior Court in the North Carolina county of appointment. What: Final Account (AOC-E-506) with vouchers; Verified Resignation as Guardian; proof you delivered assets to the personal representative; proposed Order of Discharge if helpful. When: File the final account within 60 days after the ward’s death; if late, file immediately and explain the delay.
2. Ensure an estate is opened. If no personal representative exists, coordinate with the next of kin to apply for letters or, if enough time has passed and no one applies, request the clerk appoint a suitable person. Once appointed, transfer guardianship assets to the personal representative against receipt.
3. Clerk’s review and discharge. The clerk audits the account, may request supporting documents, and then—if satisfied—approves the account and enters an order discharging you and releasing your bond. Keep your records until you receive the discharge order.

Exceptions & Pitfalls

• Do not distribute to siblings or other relatives; only the estate’s personal representative can pay claims and distribute assets.
• If no estate is open, you may not have authority to hold funds indefinitely; coordinate promptly to get a personal representative appointed.
• Late or incomplete accounts can result in orders to account, removal, or contempt; provide full vouchers and bank statements.
• Real estate after death is handled by the personal representative; do not list or sell it as guardian.
• Insurance with a named beneficiary usually pays outside the estate; if payable to the estate, the personal representative—not the guardian—makes the claim.
• Your bond is not released until the clerk enters a discharge order; request discharge explicitly after account approval.

Talk to a Probate Attorney

If you’re dealing with a guardian resignation and closing a guardianship after a death, 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.