State guide
North Carolina
North Carolina adult guardianship cases are special proceedings handled by the clerk of superior court, not by a separate probate court. The state’s petition form now expressly identifies less restrictive alternatives, including supported decision making, technological assistance, representative payees, and powers of attorney.
Checked against official sources on October 4, 2026. Rules and links change; confirm with the office listed before you act.
- Court that handles adult guardianship
- Adult guardianship petitions are filed with the clerk of superior court, which has original jurisdiction over appointments of guardians of the person, guardians of the estate, and general guardians for incompetent persons.
- What it's called
- guardian of the person, guardian of the estate, and general guardian (both person and estate)
- Official forms and self-help
- Official page →
- Filing fee
- $120 filing fee, plus a $30 sheriff service fee, as published by the North Carolina Judicial Branch.
- Less-restrictive alternatives
- North Carolina’s petition materials identify less restrictive alternatives including supported decision making, appropriate and available technological assistance, representative payees, and appointment of an agent under health care or financial power of attorney.
- Law
- N.C. Gen. Stat. ch. 35A, especially § 35A-1203 and Article 5.
Official resources in North Carolina
Statewide help page explaining incompetency, guardianship venue, hearings, fees, and related procedures.
Statewide forms page listing guardianship and special proceedings forms, including the incompetency petition and capacity questionnaire.
Main guardianship and incompetency statute chapter, including definitions, jurisdiction, appointment, and powers.
Official Wake County clerk contacts for adoption, guardianship, and special proceedings.
Official Mecklenburg County self-help page for people representing themselves.
Key facts for North Carolina
- Clerks of superior court have original jurisdiction to appoint guardians of the person, guardians of the estate, and general guardians for incompetent persons.
- North Carolina uses guardian of the person, guardian of the estate, and general guardian for both person and estate.
- The published filing fee is $120, plus a $30 sheriff service fee for serving the respondent.
- A guardianship petition may be filed where the respondent resides, is domiciled, or is an inpatient in a treatment facility.
- The petition form defines less restrictive alternatives to include supported decision making, technological assistance, representative payees, and health care or financial powers of attorney.
County court guardianship pages in North Carolina
| Court | city | phone | Details |
|---|---|---|---|
| North Carolina Judicial Branch - Guardianship | Not published* | Not published* | Statewide help page covering adult incompetency and guardianship procedure, venue, and fees. |
| Wake County Clerk of Superior Court - Adoption, Guardianship, Foreclosure, Name Changes Wake | Raleigh | (919) 792-4600 | Official Wake County contact for guardianship-related special proceedings. |
| Mecklenburg County SelfServe Center Mecklenburg | Charlotte | Not published* | Self-help page for unrepresented court users; it does not provide legal advice. |
| Guilford County Clerk of Superior Court - Greensboro Guilford | Greensboro | (336) 412-7300 | Official clerk contact directory for Guilford County; includes special proceedings contact information. |
* Not published: the official page doesn't list it. Call the office to confirm before you rely on it.
What to do next
- Use the statewide SP forms page first, then call the county clerk’s special proceedings or guardianship contact for local filing logistics.
- If service costs are a concern, ask the clerk about indigency and waiver procedures described on the statewide guardianship page.
- Gather medical, psychological, and social information early because the clerk may order a multidisciplinary evaluation or rely on capacity-related filings.
Not seeing your court or county?
Not every court publishes its rules online. Try these, in order:
- General Start with the statewide information above.
- Closest verified Nearest places where we have verified local data outside this state (distance from North Carolina's population center, for comparison only):
- Richland County Probate Court, South Carolina · about 125 miles
- Greenville County Probate Court - Protective Proceedings, South Carolina · about 160 miles
- Charleston County Probate Court - Guardianship/Conservatorship Coordinator, South Carolina · about 188 miles
- Call to confirm Ask the official office.North Carolina Judicial Branch - Guardianship
Website →Phone not shown: use the contact page on the official website above.Your city or county office: Local governments →Not sure who handles it locally? USAGov's free help line, 1-844-872-4681, or the North Carolina page on USA.gov can point you to the right office. - Know the current info? Tell us with a link to the official page.