Provisional Order On Petition To Transfer Incompetency Proceeding And Guardianship To Another State

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.

Provisional Order On 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:

Atticus Fast Facts About Provisional Order On Petition To Transfer Incompetency Proceeding And Guardianship To Another State

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Provisional Order On Petition To Transfer Incompetency Proceeding And Guardianship To Another State:

• This form pertains to the State of North Carolina

• 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-351 - Provisional Order On 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.

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-351, 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-351 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-351 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 Provisional Order On Petition To Transfer Incompetency Proceeding And Guardianship To Another State 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-351 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-351, and when in doubt— consult a qualified trust & estates lawyer for that area.

Provisional Order On 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-351 - Provisional Order On 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.

Provisional Order On 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.

Here’s the text, verbatim, that is found on North Carolina Form AOC-E-351 - Provisional Order On 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.

Of The Estate Of The Person General Guardian Of The Estate Of The Person General Guardian File No. Name And Current Address Of Adult Ward Name And Address Of Petitioning GuardianName And Address Of Co-Guardian (if applicable) PROVISIONAL ORDER ON PETITION TO TRANSFER INCOMPETENCY PROCEEDING AND GUARDIANSHIP TO ANOTHER STATE G.S. 35B-30 IN THE MATTER OF STATE OF NORTH CAROLINA County In The General Court Of Justice Superior Court Division Before The Clerk (Over) 1. This matter coming to be heard before the undersigned upon: the Court’s own motion, request of the guardian, request of the ward, \\u0007request\\u0007of\\u0007the\\u0007following\\u0007other\\u0007person\\u0007required\\u0007to\\u0007be\\u0007notified\\u0007of\\u0007the\\u0007petition:\\u0007 , and upon hearing and reviewing the evidence, the Court makes the following Findings of Fact: 2. Based\\u0007on\\u0007matters\\u0007of\\u0007record\\u0007and\\u0007other\\u0007competent\\u0007evidence\\u0007that\\u0007satisfies\\u0007the\\u0007Court\\u0007that\\u0007the\\u0007requirements\\u0007of\\u0007Chapter\\u000735B\\u0007have\\u0007 been met, the Court, without a hearing, makes the following Findings of Fact: 1. This Court has jurisdiction over this matter and the parties. 2. The ward was was not present. 3. The guardian was was not present. The guardian was represented by . 4. Also present were: . 5. The petitioning guardian(s) petitioned the court to transfer the incompetency proceeding and the guardianship referenced above to the state of (hereinafter, the “Other State”). 6. This Court is \\u0007is\\u0007not\\u0007\\u0007\\u0007\\u0007\\u0007satisfied\\u0007that\\u0007the\\u0007referenced\\u0007guardianship\\u0007of\\u0007the\\u0007ward\\u0007will\\u0007be\\u0007accepted\\u0007by\\u0007the\\u0007court\\u0007of\\u0007the\\u0007Other\\u0007State. (NOTE TO CLERK: A provisional order granting a petition to transfer should not be issued if the court is not satisfied that the guardianship will be accepted by the court of the other state.) 7. Facts relevant to the ward’s connection with the Other State: a. The ward is physically present in or is reasonably expected to move permanently to the Other State. b. The ward is neither physically present in nor reasonably expected to move permanently to the Other State, and 1. the guardianship sought to be transferred to the Other State is only a guardianship of the estate and the ward has a significant\\u0007connection\\u0007to\\u0007the\\u0007Other\\u0007State\\u0007in\\u0007consideration\\u0007of\\u0007the\\u0007factors\\u0007in\\u0007G.S.\\u000735B-15(b). 2. the guardianship sought to be transferred to the Other State is either a guardianship of the person or a general guardianship. (NOTE TO CLERK: If Finding 7.b.2 is checked, a provisional order granting a petition to transfer should not be issued.) 3. the guardianship sought to be transferred to the Other State is a guardianship of the estate, and the ward does not have a\\u0007significant\\u0007connection\\u0007to\\u0007the\\u0007Other\\u0007State\\u0007in\\u0007consideration\\u0007of\\u0007the\\u0007factors\\u0007in\\u0007G.S.\\u000735B-15(b). (NOTE TO CLERK: If Finding 7.b.3 is checked, a provisional order granting a petition to transfer should not be issued.) FINDINGS OF FACT Also A Petitioning Guardian AOC-E-351, New 7/17 © 2017 Administrative Office of the Courts 8. As to the proposed transfer of the incompetency and guardianship proceedings: a. An objection to the transfer has not been made. b. An objection to the transfer has been made, but the objector has not established that the transfer would be contrary to the interests of the ward. c. An objection to the transfer was made and the objector has established that the transfer would be contrary to the interests of the ward. (NOTE TO CLERK: If Finding 8.c is checked, a provisional order granting a petition to transfer should not be issued.) 9. As to plans and arrangements concerning the ward: a. (if a guardianship of the person is sought to be transferred) The plans for care and services for the ward in the Other State are reasonable and\\u0007sufficient. b. (if a guardianship of the estate is sought to be transferred) Adequate arrangements will be made for management of the ward’s property. c. (if a general guardianship is sought to be transferred) The plans for care and services for the ward in the Other State are reasonable and\\u0007sufficient,\\u0007and\\u0007adequate\\u0007arrangements\\u0007will\\u0007be\\u0007made\\u0007for\\u0007management\\u0007of\\u0007the\\u0007ward’s\\u0007property. d. (if a guardianship of the person or a general guardianship is sought to be transferred) The plans for care and services for the ward in the Other\\u0007State\\u0007are\\u0007not\\u0007reasonable\\u0007and\\u0007sufficient. (NOTE TO CLERK: If Finding 9.d is checked, a provisional order granting a petition to transfer should not be issued.) e. (if a guardianship of the estate or a general guardianship is sought to be transferred) Adequate arrangements will not be made for management of the ward’s property. (NOTE TO CLERK: If Finding 9.e is checked, a provisional order granting a petition to transfer should not be issued.) A provisional order is issued granting the petition to transfer the incompetency proceeding and guardianship of the person and the petitioning guardian shall petition for acceptance of the guardianship of the person in the Other State. A provisional order is issued granting the petition to transfer the incompetency proceeding and guardianship of the estate and the petitioning guardian shall petition for guardianship of the estate in the Other State. A provisional order is issued granting the petition to transfer the incompetency proceeding and general guardianship and the petitioning guardian shall petition for general guardianship in the Other State. The petition is denied. (NOTE: A guardianship shall never be partially transferred, e.g., transfer guardianship of the person but not guardianship of the estate.) Based on the evidence presented and any testimony given, the Court CONCLUDES that a provisional order to transfer this incompetency proceeding and this guardianship to the Other State shall shall not issue. CONCLUSION ORDER Name (type or print)SignatureDate Assistant CSC Clerk Of Superior Court AOC-E-351, Side Two, New 7/17 © 2017 Administrative Office of the Courts