Motion In The Cause (Guardianship)

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.

Motion In The Cause (Guardianship) 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 Motion In The Cause (Guardianship)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Motion In The Cause (Guardianship):

• This form pertains to the State of North Carolina

• The current version of this form was last revised on September 30, 2021

• The relevant probate statute or North Carolina laws related to this form include: 35A-1201, 35A-1207, 35A-1212

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-415 - Motion In The Cause (Guardianship) 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-415, 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-415 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-415 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 Motion In The Cause (Guardianship) 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.

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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-415 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-415, and when in doubt— consult a qualified trust & estates lawyer for that area.

Motion In The Cause (Guardianship) 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-415 - Motion In The Cause (Guardianship) 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.

Motion In The Cause (Guardianship) 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-415 - Motion In The Cause (Guardianship). You can use this to get an idea of the context of the form and what type of information is needed.

File No. Name And Current Address Of Ward Name, Street Address, PO Box, City, State And Zip Code Of Moving Party Moving Party’s Relationship To Ward Or Interest In ProceedingNature Of Impairment Name, Street Address, PO Box, City, State And Zip Code Of Moving Party’s Attorney County Of Residence Of Ward County Of Residence Of Moving PartyState Bar No. MOTION IN THE CAUSE (GUARDIANSHIP) G.S. 35A-1201, -1207, -1212 IN THE MATTER OF STATE OF NORTH CAROLINA County In The General Court Of Justice Superior Court Division Before The Clerk The undersigned requests that the Court, after notice* and hearing: modify general guardianship to guardianship of the person. add to the rights and privileges of the ward. modify general guardianship to guardianship of the estate. limit the rights and privileges of the ward. modify guardianship of the person to general guardianship. Other/Comment: modify guardianship of the estate to general guardianship. *NOTE: Form AOC-E-211 is available to be used as a Notice of Hearing form for a hearing on a Motion In The Cause (Guardianship). In support of this Motion, the undersigned states: 1. The current guardian is: 2. The ward’s next of kin, if any, and other persons known to have an interest in the proceeding are: Name And Address Of Current Guardian Name And Address Name And Address Name And Address Name And Address Telephone No. Telephone No. Telephone No. Telephone No. Relationship To Ward Or Interest In Proceeding Relationship To Ward Or Interest In Proceeding Relationship To Ward Or Interest In Proceeding Relationship To Ward Or Interest In Proceeding (Over) AOC-E-415, Rev. 10/21 © 2021 Administrative Office of the Courts 3. General statement of ward’s assets and liabilities, including any income and receivables to which he/she is entitled: Assets Liabilities Income and Receivables Real Property $ Mortgage Loans $ Wages & Salaries $ Tangible Personal Property $ Other Secured Loans $ Rents $ Other Personal Property $ Unsecured Loans $ Pensions $ Allowances $ There is a representative payee for government benefits. Yes No Insurance & Compensation $ There is a Durable Power of Attorney in place. Yes No Other (including SSI/SSDI) $ There is a Healthcare Power of Attorney in place. Yes No There is a special needs or other trust in place. Yes No The respondent has health insurance through Medicaid, Medicare, or a private insurer. Yes No 4. Capacity Information NOTE TO CLERK: Complete only if changing the ward’s rights and privileges. Check here if in a coma, persistent vegetative state, or non-responsive and move on to item 5. The ward has the capacities listed below. A. Language and Communication (understands/participates in conversations, can read and write, understands signs such as “keep out,” “men,” “women”) has capacity. lacks capacity. Comment: B. Nutrition (makes independent decisions about eating, prepares food, purchases food) has capacity. lacks capacity. Comment: C. Personal Hygiene (bathes, brushes teeth, uses proper hygiene when using the restroom) has capacity. lacks capacity. Comment: D. Health Care (makes and communicates choices about medical treatment/caregivers, notifies others of illness, follows medication instructions, reaches emergency health care) has capacity. lacks capacity. Comment: E. Personal Safety (recognizes danger and seeks assistance as needed, protects self from exploitation/personal harm) has capacity. lacks capacity. Comment: F. Residential (makes and communicates decisions about residence/roommates, maintains safe shelter) has capacity. lacks capacity. Comment: G. Employment (makes and communicates decisions about employment, demonstrates work skills such as neatness and punctuality, writes or dictates application form) has capacity. lacks capacity. Comment: AOC-E-415, Side Two, Rev. 10/21 © 2021 Administrative Office of the Courts File No. IN THE MATTER OF Name Of Ward Signature Of Moving PartyName Of Moving Party (type or print) Date 5. The movant requests that the current guardianship be modified as follows: (Describe how you want the guardianship to be changed. Be specific.) H. Independent Living (follows a daily schedule, conducts housekeeping chores, uses community resources such as bank, store, post office) has capacity. lacks capacity. Comment: I. Civil (knows to contact advocate if being exploited, understands consequences of committing a crime, registers to vote) has capacity. lacks capacity. Comment: J. Financial 1. Makes and communicates decisions about paying bills and spending discretionary money, and makes change for $1, $5, and $20 has capacity. lacks capacity. Comment: 2. Makes and communicates decisions regarding management of a personal bank account and savings, investments, real estate, and other substantial assets has capacity. lacks capacity. Comment: 3. Can resist attempts at financial exploitation by others has capacity. lacks capacity. Comment: 6. 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-415, Page Two, Rev. 10/21 © 2021 Administrative Office of the Courts