Estates Division 

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The Clerk of Superior Court serves as the Probate Court. The purpose of
probate is to distribute a person’s estate after death. When a person dies, whether with a
Will or without one, that person’s assets and property must first be used to pay off debts. After
debts are paid, the remaining assets and property are distributed among persons named in the Will
or, if the person died without a Will, the estate will be distributed among the family members
specified by North Carolina law.

The Estates Division handles all probate matters, including settlement and administration of a
decedent’s, incompetent’s or minor’s estate (assets and property); the probate of Wills; small
estates; spouse’s years allowance; and appointment of guardians for minors and incompetents.

Many Estate forms are available from the Administrative Office of the Courts' web site.  Click Here
for Estate forms.

Types of Guardians
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There are three different types of guardians who may be appointed for an incompetent person
or minor:

Guardian of the Person:
These guardians have the authority to decide medical care and treatment, placement, and all other
decisions relating to the care, custody or control of the Ward. These guardians do not, however,
have any authority to deal with financial matters or property.

Guardian of the Estate:
These guardians only have the power to control financial matters and property – they do not have
any authority to make decisions regarding the care, custody or control of the Ward. A Guardian of
the Estate must post a surety bond to protect the Ward’s assets from mismanagement or fraud. The guardian must also file annual accountings to be audited by the Clerk of Court.

General Guardian:
This type of guardian is one who is both a Guardian of the Person and a Guardian of the Estate –
they may make all decisions for the Ward. Since a General Guardian has financial authority, a surety
bond must be posted to protect the Ward’s assets from mismanagement or fraud. A general guardian must also file accountings with the Clerk.

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Bonding & Accounting Requirement
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 If you have been appointed Guardian for a minor or an incompetent person, you must post a
surety bond to protect the Ward’s estates from fraud or mismanagement and take an Oath of office.
This surety bond acts like an insurance policy, and you will have to pay a premium based on the
amount of protection needed (1.25 times the value of personal property or, if the value of the
personal property exceeds $100,000, then 1.10 times that amount). Additionally, you will need to
file an Inventory of the guardianship assets within three months of receiving your Letters of
Guardianship and file yearly accountings with the Clerk’s office for audit. These sworn accountings
are carefully audited by the Estates Division. You will need to file proof of assets held, income
received, and amounts disbursed.

Guardianship is a serious responsibility. Guardians, especially those with financial authority, are therefore advised to read the applicable guardianship statutes or consult with an attorney. Violation of a fiduciary duty may result in removal, loss of commissions, contempt of court, and/or criminal prosecution.

Many Guardianship forms are available through the web site for the Administrative Office of
the Courts.  Click here for Guardianship forms.

Appointing Guardians
for Minors  for an Incompetent
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How May I Have a Guardian Appointed for a Minor?

A court-appointed legal guardian for a minor may be necessary where the minor will inherit property or receive a settlement arising from an accident. A guardian must be appointed to take charge of the property, protect it, and distribute it for the minor’s best interest. This type of guardian is called a Guardian of the Estate.

The Clerk of Superior Court only has jurisdiction to appoint a Guardian of the Person for any minor that has no living parents or other guardian. The Clerk of Superior Court cannot appoint a Guardian of the Person for a minor if that minor's parents are still living, regardless of whether the parents consent.  In this event, the District Court must decide custody.

Parents may nominate a legal guardian for their child by making the nomination in a properly drafted
Will – while this nomination will be given significant weight by the Clerk, another guardian may be
appointed for good cause.

You may pick up the necessary forms for the appointment of a guardian for a minor from the Estates
Division, located on the 1st floor of the Moore County Courthouse.

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How May I Have a Guardian Appointed for an Incompetent?

Adults are presumed legally competent to handle their own affairs. Before a person’s right to
make basic decisions is taken away, that person must first be adjudicated incompetent at a hearing
before the Clerk of Superior Court or a jury. This proceeding is filed as a Special Proceeding and is more fully discussed in the Special Proceedings Divisions section of this website.

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Beginning Estate Administration
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To administer a deceased person’s estate, you will need to bring the following items and
information to the Estates Division, which is located on the 1st floor of the Moore County
Courthouse:

While our staff will give you some materials that may help you through the process, the Clerk of
Superior Court and staff are specifically prohibited by law from giving you legal advice.

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