Notary Bond Application:
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North Carolina Guardian Bond
When a person does not have adequate capacity to make important decisions involving the management of personal property, real property, and other affairs, a guardian is appointed by the clerk of superior court to act on their behalf. The person needing protection is called a “ward” or “protected person”. The guardian, also known as the fiduciary, is often required to secure a Guardian Bond prior to performing duties in accordance with Chapter 35A of the North Carolina General Statutes. Jet Insurance Company provides this Probate Bond to fiduciaries as a guarantee of financial security to the ward and the clerk of superior court should the guardian act fraudulently while completing duties.
At Jet, we want the guardian to focus on their obligations, so we make the bond process quick and simple. Have any questions? Give us a call at (855) 470-0877 and we will be happy to help.
What Size Bond Do You Need?
The bond amount, determined by the clerk of superior court, shall be no less than 125% of the cumulative value of the ward’s personal property and future income from real estate. However, if the value exceeds $100,000, the clerk may elect for the bond to be in an amount equal to one hundred and ten percent (110%) of the value.
For example, if a guardian is appointed over an estate that has personal property valued at $60,000, the guardian must obtain a $75,000 surety bond before receiving their letters of guardianship. The clerk will inform the guardian of their exact required bond amount once the guardianship case is filed, and may exclude the value of any estate assets deposited with a financial institution when setting the bond amount.
How Much Does the North Carolina Guardian Bond Cost?
Jet charges a minimum of $85 per year for the North Carolina Guardian Bond, with the price depending on the size of the bond. We offer special tiered pricing that decreases the percentage rate paid for larger bond amounts. Applicants can also save if they purchase bonds for more than one year at a time.
To determine how much the bond will cost, guardians can follow the steps listed below:
- Determine the Required Bond Amount
The superior court will provide the guardian with their required bond amount when the clerk evaluates the ward’s assets based on the guidelines outlined above.
- Calculate the Total Cost
Guardian bonds up to $17,000 in size will only cost $85 per year. For each additional $1,000 increase in size, the bond premium will increase by the corresponding amount outlined in the table below.
| Bond Amount | Additional Premium (per $1,000) | Bond Cost (1 year) |
|---|---|---|
| $0 - $17,000 | $85 flat rate | $85 |
| $17,001 - $50,000 | $5.00 | $85 - $250 |
| $50,001 - $200,000 | $3.75 | $250 - $813 |
| $200,001 - $500,000 | $2.50 | $813 - $1,563 |
| $500,001 - $1,500,000 | $1.00 | $1,563 - $2,063 |
| $1,500,000+ | $0.50 | $2,063+ |
For example, a $30,000 guardianship bond will cost $210 per year while a $40,000 guardianship bond will cost $270 per year. Probate bonds are generally refundable as they are a valid, estate-related expense, so be sure to check with the superior court to determine if you are eligible for reimbursement. Jet also offers discounted rates for bonds purchased for multi-year terms. Call us at (855) 470-0877 to find out how much your guardianship bond will cost.
Types of Guardians in North Carolina and Their Duties
According to the North Carolina General Statutes Chapter 35A, there are three main types of guardians, and one sub-type (guardians of minors):
Guardian of the Person: the Guardian of the Person is responsible for the general care, custody, and control of the ward. This includes, but is not limited to, providing education, clothing, employment, food, and transportation. The court will not require guardians of the person who are residents of the state to purchase a bond unless they are also managing the ward’s estate, according to North Carolina General Statute 35A-1230.
Guardian of the Estate: Appointed for the sole purpose of managing the estate, its property, and any of the ward’s business affairs. Duties include, but are not limited to, maintaining property, paying taxes, and receiving and disbursing assets. The court requires guardians of the estate to file a bond with the court before receiving access to any of the ward’s property.
General Guardian: Fulfills duties of both the Guardian of the Person and Guardian of the Estate. The court requires general guardians to file a bond with the court before receiving access to any of the ward’s property.
Guardian of Minor: Individual chosen by the court when the minor doesn’t have a natural guardian or has been abandoned, and requires services from the county Department of Social Services. Guardians of a Minor are also appointed if the minor inherits a significant amount of assets that they are not able to maintain. Depending on the needs of the minor, any of the three above types of guardianship may apply.
Why is a Guardian Bond Required? Are There Exemptions from the Bond?
North Carolina has laws in place to protect the well-being of people in their state. The clerk of superior court for each county in North Carolina regulates guardians by requiring a surety bond to protect incompetent persons and their assets. Obligations of the guardian include making financial and/or medical decisions for the ward, which is not always an easy task and may lead to negligent or fraudulent actions. The Guardian Bond acts as a guarantee of financial restitution for individuals harmed by a fiduciary’s failure to fulfill duties according to North Carolina General Statutes Chapter 35A.
Depending on the type of guardianship appointment and the manner in which they are appointed, the court may choose to waive the bond requirement. General exemptions from the surety bond requirement include the following scenarios:
- If the guardian is appointed over the ward’s person only and does not have control of the ward’s property or financial affairs
- If the parent of the ward recommends the appointment of the guardian by will and specifically directs the court to not require a surety bond
These exemptions do not apply if the will and last testament instruct the guardian to acquire a surety bond or if the superior court determines that a bond is needed regardless.
How Is the Guardian Selected by the Clerk of the Superior Court?
Upon the court determining incompetence of the ward, a guardian is appointed. Any willing individual or corporation, or any unbiased public agent, may apply with the clerk of superior court to be a guardian. The order of appointment for guardianship in North Carolina is as follows:
- An individual, typically a relative or friend
- A corporation, if authorized by its articles of incorporation (charter) and attends required guardianship training
- A disinterested public agent (public agent) such as the Department of Social Services, following regulations of Chapter 35A, Article 11 of North Carolina General Statutes
How Does the Application Process Work With Jet?
Jet’s application process is unlike any other - our goal is to get the guardian bonded as quickly as possible to allow them to focus on their fiduciary obligations. All we need is the bond limit and basic information from the guardian. Our application allows the guardian to select where to send the bond.
Some of the factors Jet considers when underwriting a personal representative bond:
- Applicant’s credit history for bond limits over $25,000 if they have not retained an attorney, or $50,000 if they have retained an attorney
- Applicants for bond limits over $50,000 will likely need to submit documentation from the court for review
- If the applicant has ever committed a felony
- If there are disputes among the estate’s beneficiaries
- Whether or not there is any ongoing business in the estate
- Whether or not the applicant owes any money to the estate
How Does the Bond Get Filed to the Clerk of Superior Court?
An original bond is to be filed with signatures from both Jet (the Surety) and the guardian. Jet fills out the bond form and sends it to the guardian to complete and file with the appropriate probate court.
Not sure where to send the bond? The chart at the bottom of the page has contact information for each clerk of superior court based on the county.
How to Renew the North Carolina Guardian Bond
Bonds can be purchased annually or in multi-year terms. Regardless of the bond length, Jet will notify the guardian with ample time to provide renewal payment. If payment is not provided, Jet will notify the attorney (when applicable) and the court, respectively. If an attorney is involved, they may choose to provide the renewal bond premium but the fiduciary must reimburse them. If no attorney is involved, the court will set a hearing upon being notified of the failure to uphold the bond. Lack of payment at this point will result in removal of the guardian, as set forth in General Statute 35A-1290.
Can the Bond Amount be Adjusted After Appointment?
According to North Carolina General Statute 35A-1231c, the court will likely require the guardian to increase their bond amount if the ward’s real or personal property is sold after the appointment. The increase in the bond amount should be equal to 125% of the proceeds that come from the sale of property, and the court will inform the guardian once an increase to their bond is required.
The court may also require that the guardian deposit a portion of the ward’s estate with a financial institution upon the condition that the money will not be withdrawn without a court order. If this happens after the guardian is appointed, the court may order the guardian to reduce the required bond amount to exclude the difference of the deposited assets according to North Carolina General Statute 35A-1231c.
When Does the Bond Obligation End?
A surety bond must be on file with the clerk of superior court until the minor reaches the age of 18 or the incapacitated person no longer requires the care of a guardian. Until that point, the Guardian Bond is required and the fiduciary can only be released of their obligations upon approval by the court.
According to Chapter 35A-1292 of the North Carolina General Statutes, a Guardian of the Estate or General Guardian may request resignation with the clerk of court. If a final account for settlement of the estate is provided and approved by the court, the clerk may accept the guardian’s resignation and relieve them of further duties upon appointing a successor guardian. If a General Guardian wishes to continue obligations as Guardian of the Person but not Guardian of the Estate, they may apply for partial resignation with the court. If approved, the guardian will be issued letters of appointment solely as Guardian of the Person and they will be discharged from duties involving the estate.
Regardless of the reason for termination or removal, the guardian’s liability is in full force until the court releases them of fiduciary duties; Jet is also liable under terms of the bond until released by the clerk of superior court.
How Does a Guardian Avoid Bond Claims?
Guardians have the critical role of protecting an incapacitated person or minor. This includes making difficult decisions related to their finances, living situation, and education. Acting according to the North Carolina General Statutes Chapter 35A guarantees the success of a guardianship. Many guardians choose to work with an attorney to ensure duties are properly fulfilled. Keeping receipts and records of all transactions is crucial for fiduciaries.
Guardian actions that may lead to a claim include, but are not limited to:
- Using the ward’s money without prior court approval
- Joining the ward’s personal funds with their own
- Failure to provide annual accounting of the estate
- Using the ward’s real or personal property for persons other than the ward
- Selling a ward’s real property without a court order
- Selling over $5,000 of the ward’s personal property in one accounting period
- Failure to deliver property to a minor once they reach the age of 18
- Using a minor’s personal funds for maintenance and education
Anyone that feels the guardian is not fulfilling duties according to state regulations may file a civil suit with the clerk of superior court. The bond may be used as restitution for the harmed individual(s) at this time. The clerk also has jurisdiction to remove the fiduciary at any time pursuant to General Statutes Chapter 35A, Article 13. For more information on how to avoid claims on a guardian bond, visit our Guardian Bond Claims Guide.
What Happens if a Claim Is Filed on the Guardian Bond?
Upon receiving court notice of a claim on the bond, Jet has 30 days to pay the claim or ask for an additional time to review it. Jet works tirelessly to protect guardians against faulty claims, which means that even if the court has requested a bond payout, we assess all documentation provided by the court and the guardian prior to paying out the claim. However, if a claim is valid and Jet pays the claimant, the guardian must pay Jet back as the guardian is ultimately liable for their actions.
Probate Courts in North Carolina
Each county probate court in North Carolina will make the determination if a Guardian is necessary. The chart below lists contact information for each clerk of superior court.
| County Courthouse | Phone Number | Mailing Address |
|---|---|---|
| Alamance | (336) 570-5200 | Alamance County Historical Courthouse 1 Court Square Graham, NC 27253 |
| Alexander | (828) 635-3113 | Alexander County Courthouse PO Box 100 Taylorsville, NC 28681 |
| Alleghany | (336) 372-3900 | Alleghany County Courthouse PO Box 61 Sparta, NC 28675 |
| Ashe | (336) 219-1400 | Ashe County Courthouse 150 Government Circle, Suite 3100 Jefferson, NC 28640 |
| Avery | (828) 737-6700 | Avery County Courthouse PO Box 115 Newland, NC 28657 |
| Beaufort | (252) 940-4000 | Beaufort County Courthouse PO Box 1403 Washington, NC 27889 |
| Bertie | (252) 794-6800 | Bertie County Courthouse PO Box 370 Windsor, NC 27983 |
| Bladen | (910) 872-7200 | Bladen County Courthouse PO Box 2619 Elizabethtown, NC 28337 |
| Brunswick | (910) 253-3900 | Brunswick County Courthouse 310 Government Center Drive NE, Unit 1 Bolivia, NC 28422 |
| Buncombe | (828) 259-3400 | Buncombe County Courthouse 60 Court Plaza Asheville, NC 28801 |
| Burke | (828) 433-3200 | Burke County Courthouse PO Box 796 Morganton, NC 28655 |
| Cabarrus | (704) 262-5500 | Cabarrus County Courthouse PO Box 70 Concord, NC 28026 |
| Caldwell | (828) 759-3503 | Caldwell County Courthouse PO Box 1376 Lenoir, NC 28645 |
| Camden | (252) 336-4000 | Camden County Courthouse PO Box 219 Camden, NC 27921 |
| Carteret | (252) 504-4400 | Carteret County Courthouse 300 Courthouse Square Beaufort, NC 28516 |
| Caswell | (336) 459-4000 | Caswell County Courthouse PO Drawer 790 Yanceyville, NC 27379 |
| Catawba | (828) 695-6100 | Catawba County Justice Center 100 Government Drive, Department A Newton, NC 28658 |
| Chatham | (919) 545-3500 | Chatham County Courthouse PO Box 369 Pittsboro, NC 27312 |
| Cherokee | (828) 835-7740 | Cherokee County Courthouse 75 Peachtree St Murphy, NC 28906 |
| Chowan | (252) 368-5000 | Chowan County Courthouse PO Box 588 Edenton, NC 27932 |
| Clay | (828) 389-2300 | Clay County Government Center 261 Courthouse Dr., Suite 1 Hayesville, NC 28904 |
| Cleveland | (704) 476-7800 | Cleveland County Courthouse 100 Justice Place Shelby, NC 28150 |
| Columbus | (910) 641-4400 | Columbus County Courthouse PO Box 1587 Whiteville, NC 28472 |
| Craven | (252) 639-3000 | Craven County Courthouse PO Box 1187 New Bern, NC 28563 |
| Cumberland | (910) 475-3000 | Judge E. Maurice Braswell Cumberland County Courthouse PO Box 363 Fayetteville, NC 28301 |
| Currituck | (252) 232-6200 | Currituck County Courthouse PO Box 175 Currituck, NC 27929 |
| Dare | (252) 475-5200 | Dare County Justice Center PO Box 1849 Manteo, NC 27954 |
| Davidson | (336) 242-6701 | Davidson County Courthouse PO Box 1064 Lexington, NC 27293 |
| Davie | (336) 936-3000 | Davie County Courthouse 140 South Main St Mocksville, NC 27028 |
| Duplin | (910) 275-7000 | Duplin County Courthouse PO Box 189 Kenansville, NC 28349 |
| Durham | (919) 808-3000 | Durham County Courthouse 510 South Dillard St Durham, NC 27701 |
| Edgecombe | (252) 824-3200 | Edgecombe County Courthouse PO Drawer 9 Tarboro, NC 27886 |
| Forsyth | (336) 779-6300 | Forsyth County Courthouse PO Box 20099 Winston Salem, NC 27120 |
| Franklin | (919) 497-4200 | Franklin County Courthouse 102 S Main St. Louisburg, NC 27549 |
| Gaston | (704) 852-3100 | Gaston County Courthouse 325 Dr. Martin Luther King Jr. Way, Suite 1004 Gastonia, NC 28052 |
| Gates | (252) 357-1365 | Gates County Courthouse PO Box 31 Gatesville, NC 27938 |
| Graham | (828) 474-7000 | Graham County Courthouse PO Box 1179 Robbinsville, NC 28771 |
| Granville | (919) 690-4800 | Granville County Courthouse 101 Main St. Oxford, NC 27565 |
| Greene | (252) 747-6200 | Greene County Courthouse PO Box 675 Snow Hill, NC 28580 |
| Guilford | (336) 412-7300 | Guilford County Courthouse PO Box 3008 Greensboro, NC 27402 |
| Halifax | (252) 593-3000 | Halifax County Courthouse PO Box 66 Halifax, NC 27839 |
| Harnett | (910) 814-4600 | Harnett County Courthouse 301 W. Cornelius Harnett Blvd., Suite 100 Lillington, NC 27546 |
| Haywood | (828) 454-6501 | Haywood County Courthouse 285 N Main St., Suite 1500 Waynesville, NC 28786 |
| Henderson | (828) 694-4100 | Henderson County Courthouse 200 N Grove St., Suite 163 Hendersonville, NC 28792 |
| Hertford | (252) 358-7100 | Hertford County Courthouse PO Box 86 Winton, NC 27986 |
| Hoke | (910) 878-4100 | Hoke County Courthouse PO Drawer 1569 Raeford, NC 28376 |
| Hyde | (252) 926-4700 | Hyde County Courthouse PO Box 337 Swan Quarter, NC 27885 |
| Iredell | (704) 832-6600 | Iredell County Hall of Justice 226 Stockton St Statesville, NC 28677 |
| Jackson | (828) 631-6400 | Jackson County Courthouse 401 Grindstaff Cove Rd Sylva, NC 28779 |
| Johnston | (919) 209-5400 | Johnston County Courthouse PO Box 297 Smithfield, NC 27577 |
| Jones | (252) 448-6220 | Jones County Courthouse PO Box 280 Trenton, NC 28585 |
| Lee | (919) 718-6300 | Lee County Courthouse PO Box 4209 Sanford, NC 27331 |
| Lenoir | (252) 520-5300 | Lenoir County Courthouse PO Box 68 Kinston, NC 28501 |
| Lincoln | (704) 742-7800 | Lincoln County Courthouse PO Box 8 Lincolnton, NC 28093 |
| McDowell | (828) 655-4100 | McDowell County Courthouse 21 S Main St Marion, NC 28752 |
| Macon | (828) 349-7200 | Macon County Courthouse PO Box 288 Franklin, NC 28744 |
| Madison | (828) 649-2200 | Madison County Courthouse PO Box 217 Marshall, NC 28753 |
| Martin | (252) 809-5100 | Martin County Governmental Center PO Box 807 Williamston, NC 27892 |
| Mecklenburg | (704) 686-0400 | Mecklenburg County Courthouse PO Box 37971 Charlotte, NC 28237-7971 |
| Mitchell | (828) 688-5100 | Mitchell County Courthouse 328 Longview Dr Bakersville, NC 28705 |
| Montgomery | (910) 571-3700 | Montgomery County Courthouse PO Box 527 Troy, NC 27371 |
| Moore | (910) 722-5000 | Moore County Courts Facility Building PO Box 936 Carthage, NC 28327 |
| Nash | (252) 220-3000 | Nash County Courthouse PO Box 759 Nashville, NC 27856 |
| New Hanover | (910) 772-6600 | New Hanover County Courthouse PO Box 2023 Wilmington, NC 28402 |
| Northampton | (252) 574-3100 | Northampton County Courthouse PO Box 217 Jackson, NC 27845 |
| Onslow | (910) 478-3600 | Onslow County Courthouse 625 Court St Jacksonville, NC 28540 |
| Orange | (919) 644-4500 | Orange County Courthouse 106 E Margaret Lane Hillsborough, NC 27278 |
| Pamlico | (252) 745-6600 | Pamlico County Courthouse PO Box 38 Bayboro, NC 28515 |
| Pasquotank | (252) 331-4600 | Pasquotank County Courthouse PO Box 449 Elizabeth City, NC 27907 |
| Pender | (910) 663-3900 | Pender County Courthouse PO Box 310 Burgaw, NC 28425 |
| Perquimans | (252) 404-5000 | Perquimans County Courthouse PO Box 33 Hertford, NC 27944 |
| Person | (336) 503-5200 | Person County Courthouse 105 S Main St Roxboro, NC 27573 |
| Pitt | (252) 695-7100 | Pitt County Courthouse PO Box 6067 Greenville, NC 27835 |
| Polk | (828) 894-4900 | Polk County Courthouse PO Box 38 Columbus, NC 28722 |
| Randolph | (336) 328-3000 | Randolph County Courthouse 176 East Salisbury St., Suite 201 Asheboro, NC 27203 |
| Richmond | (910) 419-7400 | Richmond County Judicial Center 105 W Franklin St Rockingham, NC 28379 |
| Robeson | (910) 671-3000 | Robeson County Courthouse PO Box 1084 Lumberton, NC 28359 |
| Rockingham | (336) 634-6000 | Rockingham County Judicial Center PO Box 127 Wentworth, NC 27375 |
| Rowan | (704) 797-3001 | Rowan County Courthouse 210 N Main St Salisbury, NC 28144 |
| Rutherford | (828) 288-6100 | Rutherford County Courthouse 229 N. Main St., Suite 203 Rutherfordton, NC 28139 |
| Sampson | (910) 596-6600 | Sampson County Courthouse 101 E. Main St Clinton, NC 28328 |
| Scotland | (910) 266-4400 | Scotland County Courthouse PO Box 769 Laurinburg, NC 28353 |
| Stanly | (704) 986-7000 | Stanly County Courthouse PO Box 668 Albemarle, NC 28002 |
| Stokes | (336) 593-4400 | Stokes County Courthouse PO Box 250 Danbury, NC 27016 |
| Surry | (336) 386-3700 | Surry County Courthouse PO Box 345 Dobson, NC 27017 |
| Swain | (828) 488-7400 | Swain County Courthouse PO Box 1397 Bryson City, NC 28713 |
| Transylvania | (828) 885-3000 | Transylvania County Courthouse 7 East Main St Brevard, NC 28712 |
| Tyrrell | (252) 766-6510 | Tyrrell County Courthouse PO Box 406 Columbia, NC 27925 |
| Union | (704) 698-3100 | Union County Judicial Center PO Box 5038 Monroe, NC 28112 |
| Vance | (252) 430-5100 | Vance County Courthouse 156 Church St., Suite 101 Henderson, NC 27536 |
| Wake | (919) 792-4000 | Wake County Courthouse PO Box 351 Raleigh, NC 27602 |
| Warren | (252) 257-6300 | Warren County Courthouse PO Box 709 Warrenton, NC 27589 |
| Washington | (252) 791-4000 | Washington County Courthouse PO Box 901 Plymouth, NC 27962 |
| Watauga | (828) 268-6600 | Watauga County Courthouse 842 W King St., Suite 13 Boone, NC 28607 |
| Wayne | (919) 722-6100 | Wayne County Courthouse 224 E. Walnut St., Room 230 Goldsboro, NC 2753 |
| Wilkes | (336) 651-4400 | Wilkes County Courthouse 500 Courthouse Dr Wilkesboro, NC 28697 |
| Wilson | (252) 206-3000 | Wilson County Courthouse PO Box 1608 Wilson, NC 27894 |
| Yadkin | (336) 679-3600 | Yadkin County Courthouse PO Box 95 Yadkinville, NC 27055 |
| Yancey | (828) 678-5700 | Yancey County Courthouse 110 Towne Square, Room 5 Burnsville, NC 28714 |
