The Clerk of the Superior Court serves as the Probate Court and handles all probate matters. The purpose of probate is to distribute a person's estate after death. When a person dies, whether with a Will or without one, that person's assets and property must first be used to pay off debts. After debts are paid, the remaining assets and property are distributed among persons named in the Will or, if the person died without a Will, the estate will be distributed among the family members specified by North Carolina law.

You can now BOOK APPOINTMENT ONLINE!

Types of Guardians

Three different types of guardians may be appointed for an incompetent person or minor.

Guardian of the Person

These guardians have the authority to decide medical care and treatment, placement, and all other decisions relating to the care, custody, or control of the Ward. These guardians do not, however, have any authority to deal with financial matters or property.

Guardian of the Estate

These guardians only have the power to control financial matters and property – they do not have any authority to make decisions regarding the care, custody, or control of the Ward. A Guardian of the Estate must post a surety bond to protect the Ward's assets from mismanagement or fraud. The guardian must also file annual accountings to be audited by the Clerk of Court.

General Guardian

This type of guardian is one who is both a Guardian of the Person and a Guardian of the Estate – they may make all decisions for the Ward. Since a General Guardian has financial authority, a surety bond must be posted to protect the Ward's assets from mismanagement or fraud. A general guardian must also file accountings with the Clerk.

Bonding & Accounting Requirements

Fiduciary requirements for Guardians.

If you have been appointed General Guardian or Guardian of the Estate for a minor or an incompetent person, you must post a surety bond to protect the Ward's estates from fraud or mismanagement and take an Oath of office. For more information about Bonding requirements, see Estates FAQ

Estate Administration

Beginning Estate Administration.

To better assist you, we strongly recommend that you call prior to coming to the Clerk's office and speak with one of our staff.

The clerk will ask you various questions to determine what type of estate you may need to administer and explain what type of information you may need to bring with you.

You may set an appointment with one of our staff so that they will be available to help you throughout the administration of the estate.

Estate administration is oftentimes complex, requiring the completion of many procedures within a required time frame. Handling someone's estate is a great responsibility. If you incorrectly administer an estate you may be or get sued by family members and/or held in contempt of court.

You have a duty to administer the estate competently, accurately, and fairly. Having an experienced estates attorney and tax professional help you is strongly advised, and these expenses may typically be charged against the estate.

NOTE: You may need to bring the following items and information to the Estate division which is located on the 2nd floor, Room #2300 of the Durham County Courthouse:

• The original Will (if any), a certified copy of the death certificate, and details of the deceased's assets.
• The value of all assets is the fair market value at the time of death.
• Names of next of kin and/or beneficiaries under a Will, their relationship to the deceased, and their address.
• Bank account numbers and amounts as of date of death..
• Copies of the signature cards for all joint bank accounts; a copy of the Statement is helpful.
• Stock information, including the number of shares, names on stock certificates and the value at the time of death.
• Vehicle values and proof of ownership (including the VIN #) such as a tax bill, registration or title.
• Real estate values and copies of deeds In the absence of a deed, a tax bill or tax office website print out will suffice..
• Any gifts of property the deceased may have made within the preceding 3 years of his/her death.
• Any other assets of the decedents and the assets fair market value.
• Any other assets of the deceased.
• Any potential claim for wrongful death — you should see an attorney if the deceased died as a result of an automobile or other accident.

IMPORTANT! While our staff will give you some materials that may help you through the process, the Clerk of Superior Court and staff are specifically prohibited by law from giving you legal advice.