Application For Appointment Of Guardian For A Minor

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Application For Appointment Of Guardian For A Minor is a commonly used form within North Carolina. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Application For Appointment Of Guardian For A Minor

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application For Appointment Of Guardian For A Minor:

• This form pertains to the State of North Carolina

• The current version of this form was last revised on September 3, 2021

• The relevant probate statute or North Carolina laws related to this form include: 35A-1221, 35A-1225

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about North Carolina’s Form AOC-E-208 - Application For Appointment Of Guardian For A Minor up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct North Carolina form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some North Carolina probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form AOC-E-208, take a break, and then review. Probate and estate settlement processes in NC are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form AOC-E-208 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form AOC-E-208 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Application For Appointment Of Guardian For A Minor to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in North Carolina.

5 reasons you should submit AOC-E-208 as quickly as possible:

1. The sooner you begin, the faster North Carolina can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in North Carolina. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of North Carolina is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for North Carolina probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local North Carolina probate clerk or court for exact answers regarding Form AOC-E-208, and when in doubt— consult a qualified trust & estates lawyer for that area.

Application For Appointment Of Guardian For A Minor is one of the many probate court forms available for download through Atticus.

It may also be available through some North Carolina probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within North Carolina.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form AOC-E-208 - Application For Appointment Of Guardian For A Minor f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the North Carolina probate court office.

Application For Appointment Of Guardian For A Minor is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any North Carolina-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on North Carolina Form AOC-E-208 - Application For Appointment Of Guardian For A Minor. You can use this to get an idea of the context of the form and what type of information is needed.

File No. STATE OF NORTH CAROLINA County In The General Court Of Justice Superior Court Division Before The Clerk IN THE MATTER OF THE ESTATE OF APPLICATION FOR APPOINTMENT OF GUARDIAN OF THE ESTATE GUARDIAN OF THE PERSON GENERAL GUARDIAN FOR A MINOR G.S. 35A-1221, -1225 Name And Address Of Minor Name And Street Address, PO Box, City, State And Zip Of Applicant 2 Name And Address Of Attorney For Applicant(s) County Of Residence Of Applicant 2 County Of Residence Of Minor Name And Street Address, PO Box, City, State And Zip Of Applicant 1 Applicant(s)’(s) Relationship Or Interest In Proceeding County Of Residence Of Applicant 1 The undersigned applies to be appointed guardian(s) for the minor named above, to serve in the capacity indicated, and in support of this Application state(s): 1. The minor resides or is domiciled in this county. 2. The parents of the minor are listed below. (Attach copy(ies) of death certificate(s) if parent(s) not living.) 4. If applicable in the proceeding identified below custody of the minor was awarded a guardian of the minor was appointed the Last Will and Testament of the minor’s parent(s), recommending the applicant(s) as guardian(s) for the minor, was admitted to probate. (Attach copy of custody or guardianship order or probated will, if available.) 3. Other persons known to have an interest in this proceeding are: Name Of Mother, And Address If Living Date Of Death, If Not LivingCounty Of Estate AdministrationCounty Of Estate AdministrationDate Of Death, If Not Living Name Of Father, And Address If Living Name And Address Relationship To Minor Or Interest In ProceedingRelationship To Minor Or Interest In Proceeding Name And Address (Over) 5. The reason for seeking a guardian, and information concerning the need, type, and person(s) to appoint are: 6. A statement of the assets and liabilities of the minor, including any income and receivables to which the minor is entitled, is set forth on the reverse side of this Application. 7. I hereby acknowledge receipt of the AOC-SP-850, “Responsibilities Of Guardians In North Carolina” or I acknowledge that said pamphlet is available online at www.nccourts.gov/documents/forms and I further acknowledge that I am required to comply with said responsibilities and to manage the guardianship estate in accordance with North Carolina law. Age Date Of Order Or Probate File Or Other Identification No. County Of ProceedingName And Address Of Custodian Or Guardian, If Any AOC-E-208, Rev. 9/21, © 2021 Administrative Office of the Courts PART III. LIABILITIES DescriptionDescriptionEstimated ValueEstimated Value TOTAL PART II TOTAL PART III 1. Insurance proceeds 1. Right of action for injury, etc. (NOTE: Increase bond before receipt.) 3. Custodial accounts, trust income or other resources available for support of minor, NOT administered or received by guardian (Attach itemized list) Custodian, trustee, attorney-in-fact, etc. (Name) Major medical or similar insurance is in effect through: (Name Of Insurer) (Policy No.) TOTAL PART I (base bond on this amount) $ $ $ $ $ $ $ $ 2. Injury settlements 3. Cash and uncashed checks on hand 2. Interests in real property 1. Mortgage loans 2. Other secured loans or obligations 3. Unsecured obligations 4. Other 4. Accounts 5. Stocks and bonds 6. Farm products, livestock, and equipment 7. Miscellaneous personal property 9. Other 8. Estimated annual income Interest and dividends, etc ...... Rental income ......................... Annuity, pension or retirement benefits, Social Security, Disability or other compensation, insurance proceeds, injury settlement or other periodic payments ..... PART II. OTHER PROPERTYPART I. PROPERTY OF MINOR’S ESTATE Subtotal of Line 8 DateDateSignature Of Applicant 2 Signature Of Applicant 1 WAIVER OF NOTICE OF HEARING Each of the undersigned hereby waives notice of a hearing on this Application. NOTE: A copy of this Application and written notice of the time, date, and place set for a hearing, shall be served on any parent, guardian or legal custodian of the minor who is not an applicant and who does not sign the waiver and consent above, and any other person the Clerk may direct, including the minor. Service shall be as provided by Rule 4 of the Rules of Civil Procedure unless the Clerk directs otherwise. G.S. 35A-1222. DateDate Name (type or print) Relationship To MinorRelationship To Minor Name (type or print) Signature Signature Parent Custodian Guardian Parent Custodian Guardian APPLICANT SIGNATURE(S) By signing below, the undersigned agrees that the information in this filing is true to the best of his or her knowledge, information, or belief. The undersigned understands that, in some circumstances, persons who make false filings can be subject to legal penalties or sanctions and, depending on the situation, may be charged with a crime. AOC-E-208, Side Two, Rev. 9/21 © 2021 Administrative Office of the Courts