Everything you need to know about North Carolina Form AOC-E-350, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related NC probate forms.
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.
Petition To Transfer Incompetency Proceeding And Guardianship To Another State 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:
Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition To Transfer Incompetency Proceeding And Guardianship To Another State:
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: 35B-30
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-350 - Petition To Transfer Incompetency Proceeding And Guardianship To Another State up to date, certain details can change from time-to-time with little or no communication.
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.
Fill out all relevant fields in Form AOC-E-350, 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-350 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).
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.
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.
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?
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.
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.
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.
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-350, and when in doubt— consult a qualified trust & estates lawyer for that area.
Petition To Transfer Incompetency Proceeding And Guardianship To Another State 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-350 - Petition To Transfer Incompetency Proceeding And Guardianship To Another State 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.
Petition To Transfer Incompetency Proceeding And Guardianship To Another State 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.
Form AOC-E-350 - Petition To Transfer Incompetency Proceeding And Guardianship To Another State is a probate form in North Carolina.
North Carolina has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in North Carolina.
During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.
Probate in North Carolina, especially without guidance, can take years to finish and cost upwards of $14,000.
What is probate, exactly?
Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).
All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate.
To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate.
Where can I get help with Probate?
The best place? Create an account in Atticus to start getting estate-specific advice.
You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make the best decisions (plus you can write it off as an executor expense).
We’ve also created a list of other probate services. Be sure to check it out!
What does a NC executor or personal representative have to do?
An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone.
The executor is responsible for the complete management of the probate process, including major responsibilities such as:
Creating an inventory of all probate assets.
Filling out all necessary forms
Paying off all estate debts and taxes
Submitting reports to the court and beneficiaries as requested
And much more. This process often stretches longer than a year.
For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding.
Here’s the text, verbatim, that is found on North Carolina Form AOC-E-350 - Petition To Transfer Incompetency Proceeding And Guardianship To Another State. 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 (Over) Name And Current Address Of Adult Ward PETITION TO TRANSFER INCOMPETENCY PROCEEDING AND GUARDIANSHIP TO ANOTHER STATE Name, Street Address, PO Box, City, State And Zip Code Of Petitioning Guardian IN THE MATTER OF County Of Residence Of Adult Ward G.S. 35B-30 Also A Petitioning Guardian Name, Street Address, PO Box, City, State And Zip Code Of Co-Guardian (if applicable) Petitioning Guardian’s Relationship To Ward Of The Estate Of The Person General Guardian Of The Estate Of The Person General Guardian Name, Street Address, PO Box, City, State And Zip Code Of Petitioning Guardian’s Attorney State Bar No. NOTE TO PETITIONING GUARDIAN: “Nothing in [the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act of 2016] shall be construed to otherwise affect the requirements for seeking an ancillary guardianship under G.S. 35A-1280 or for petitioning the court for the removal of personalty from the State under G.S. 35A-1281.” Session Law 2016-72, Section 3. The undersigned requests that the Court transfer the incompetency proceeding and the existing guardianship to the state of (hereinafter, the “Other State”). In support of this Petition, the undersigned states: 1. Transfer is proper in that the ward: (check all that apply) is physically present in the Other State. is reasonably expected to move permanently to the Other State. (For guardian of the estate or general guardian, only) has a significant connection to the Other State in that: (See G.S. 35B-15(b) for factors to establish significant connection.) . 2. The Other State will likely accept the transfer because: . AOC-E-350, Rev. 9/21 © 2021 Administrative Office of the Courts 3. These additional facts support this petition to transfer: (Be specific and attach additional pages as needed.) a. If guardian of the person or general guardian, describe plans for care and services for the ward in the Other State: . b. If guardian of the estate or general guardian, describe arrangements for the management of the ward’s property in the Other State: . c. Any other relevant facts supporting petition to transfer: . 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 4. The ward’s next of kin, if any, and other persons known to have an interest in the proceeding are: Date Name Of Petitioning Guardian (type or print)Signature Of Petitioning Guardian Date Name Of Petitioning Guardian (type or print)Signature Of Petitioning Guardian 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-350, Side Two, Rev. 9/21 © 2021 Administrative Office of the Courts
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