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. 当一个人死去, 不管有没有遗嘱, that person's assets and property must first be used to pay off debts. 偿还债务后, the remaining assets and property are distributed among persons named in the Will or, 如果死者没有留下遗嘱, the estate will be distributed among the family members specified by North Carolina law.

监护人的类型

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

该人的监护人

These guardians have the authority to decide medical care and treatment, 放置, and all other decisions relating to the care, 监护权, 或者控制沃德. These guardians do not, however, have any authority to deal with financial matters or property.

遗产监护人

These guardians only have the power to control financial matters and property – they do not have any authority to make decisions regarding the care, 监护权, 或者控制沃德. A 遗产监护人 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.

一般监护人

This type of guardian is one who is both a 该人的监护人 and a 遗产监护人 – they may make all decisions for the Ward. Since a 一般监护人 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.

成键 & 会计要求

监护人的受托要求.

If you have been appointed 一般监护人 or 遗产监护人 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 成键 requirements, see 地产常见问题解答.

房地产管理

入门物业管理.

为了更好地帮助你, 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 达勒姆郡 Court房子:

• 遗嘱正本(如有), a certified copy of the death certificate, 以及死者财产的详细信息.
• 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, 他们与死者的关系, 还有他们的地址.
• 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.
• 股票信息, 包括股份数量, 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, 注册或业权.
• 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.
• 死者的其他财产.
• Any potential claim for wrongful death — you should see an attorney if the deceased died as a result of an automobile or other accident.

在这里找到有用的地产表格

重要的! While our staff will give you some materials that may help you through the process, the 高等法院书记 and staff are specifically prohibited by law from giving you legal advice.