North Carolina Guardian Bond

North Carolina Guardian Bond

When a person does not have adequate capacity to make important decisions involving the management of personal property, real property, and other affairs, a guardian is appointed by the clerk of superior court to act on their behalf. The person needing protection is called a “ward” or “protected person”. The guardian, also known as the fiduciary, is often required to secure a Guardian Bond prior to performing duties in accordance with Chapter 35A of the North Carolina General Statutes. Jet Insurance Company provides this Probate Bond to fiduciaries as a guarantee of financial security to the ward and the clerk of superior court should the guardian act fraudulently while completing duties.

PURCHASE GUARDIAN BOND

At Jet, we want the guardian to focus on their obligations, so we make the bond process quick and simple.

How Much Does the North Carolina Guardian Bond Cost?

The cost of the Guardian Bond is only a small fraction of the bond limit. The bond amount, determined by the clerk of superior court, shall be no less than one and one quarter (1.25) times the personal property value. However, if the value exceeds $100,000, the clerk may elect for the bond to be in an amount equal to one hundred and ten percent (110%) of the value.

Smaller bond limits only require basic information about the guardian and ward to be submitted. Larger bond limits require a soft credit check of the guardian, along with submission of additional information such as personal financials, for an approved rate.

Types of Guardians and Their Duties

According to the North Carolina General Statutes Chapter 35A, there are three main types of guardians, and one sub-type (guardians of minors):

Guardian of the Person: the Guardian of the Person is responsible for the general care, custody, and control of the ward. This includes, but is not limited to, providing education, clothing, employment, food, and transportation.

Guardian of the Estate: Appointed for the sole purpose of managing the estate, its property, and any of the ward’s business affairs. Duties include, but are not limited to, maintaining property, paying taxes, and receiving and disbursing assets.

General Guardian: Fulfills duties of both the Guardian of the Person and Guardian of the Estate.

Guardian of Minor: Individual chosen by the court when the minor doesn’t have a natural guardian or has been abandoned, and requires services from the county Department of Social Services. Depending on the needs of the minor, any of the three above types of guardianship may apply.

What Is the Purpose of the Guardian Bond?

North Carolina has laws in place to protect the well-being of people in their state. The clerk of superior court for each county in North Carolina regulates guardians by requiring a surety bond to protect incompetent persons and their assets. Obligations of the guardian include making financial and/or medical decisions for the ward, which is not always an easy task and may lead to negligent or fraudulent actions. The Guardian Bond acts as a guarantee of financial restitution for individuals harmed by a fiduciary’s failure to fulfill duties according to North Carolina General Statutes Chapter 35A.

How Is the Guardian Selected by the Clerk of the Superior Court?

Upon the court determining incompetence of the ward, a guardian is appointed. Any willing individual or corporation, or any unbiased public agent, may apply with the clerk of superior court to be a guardian. The order of appointment for guardianship in North Carolina is as follows:

  1. An individual, typically a relative or friend 
  2. A corporation, if authorized by its articles of incorporation (charter) and attends required guardianship training
  3. A disinterested public agent (public agent) such as the Department of Social Services, following regulations of Chapter 35A, Article 11 of North Carolina General Statutes

How Does the Application Process Work With Jet?

Jet’s application process is unlike any other - our goal is to get the guardian bonded as quickly as possible to allow them to focus on their fiduciary obligations. All we need is the bond limit and basic information from the guardian. Our application allows the guardian to select where to send the bond.

PURCHASE GUARDIAN BOND

How Does the Bond Get Filed to the Clerk of Superior Court?

An original bond is to be filed with signatures from both Jet (the Surety) and the guardian. Jet fills out the bond form and sends it to the guardian to complete and file with the appropriate probate court. 

Not sure where to send the bond? The chart at the bottom of the page has contact information for each clerk of superior court based on the county.

How to Renew the North Carolina Guardian Bond

Bonds can be purchased annually or in multi-year terms. Regardless of the bond length, Jet will notify the guardian with ample time to provide renewal payment. If payment is not provided, Jet will notify the attorney (when applicable) and the court, respectively. If an attorney is involved, they may choose to provide the renewal bond premium but the fiduciary must reimburse them. If no attorney is involved, the court will set a hearing upon being notified of the failure to uphold the bond. Lack of payment at this point will result in removal of the guardian, as set forth in General Statute 35A-1290.

When Does the Bond Obligation End?

A surety bond must be on file with the clerk of superior court until the minor reaches the age of 18 or the incapacitated person no longer requires the care of a guardian. Until that point, the Guardian Bond is required and the fiduciary can only be released of their obligations upon approval by the court.

According to Chapter 35A-1292 of the North Carolina General Statutes, a Guardian of the Estate or General Guardian may request resignation with the clerk of court. If a final account for settlement of the estate is provided and approved by the court, the clerk may accept the guardian’s resignation and relieve them of further duties upon appointing a successor guardian. If a General Guardian wishes to continue obligations as Guardian of the Person but not Guardian of the Estate, they may apply for partial resignation with the court. If approved, the guardian will be issued letters of appointment solely as Guardian of the Person and they will be discharged from duties involving the estate.

Regardless of the reason for termination or removal, the guardian’s liability is in full force until the court releases them of fiduciary duties; Jet is also liable under terms of the bond until released by the clerk of superior court.

How Does a Guardian Avoid Bond Claims?

Guardians have the critical role of protecting an incapacitated person or minor. This includes making difficult decisions related to their finances, living situation, and education. Acting according to the North Carolina General Statutes Chapter 35A guarantees the success of a guardianship. Many guardians choose to work with an attorney to ensure duties are properly fulfilled. Keeping receipts and records of all transactions is crucial for fiduciaries.

Guardian actions that may lead to a claim include, but are not limited to:

Anyone that feels the guardian is not fulfilling duties according to state regulations may file a civil suit with the clerk of superior court. The bond may be used as restitution for the harmed individual(s) at this time. The clerk also has jurisdiction to remove the fiduciary at any time pursuant to General Statutes Chapter 35A, Article 13.

What Happens if a Claim Is Filed on the Guardian Bond?

Upon receiving court notice of a claim on the bond, Jet has 30 days to pay the claim or ask for an additional time to review it. Jet works tirelessly to protect guardians against faulty claims, which means that even if the court has requested a bond payout, we assess all documentation provided by the court and the guardian prior to paying out the claim. However, if a claim is valid and Jet pays the claimant, the guardian must pay Jet back as the guardian is ultimately liable for their actions.

Probate Courts in North Carolina

Each county probate court in North Carolina will make the determination if a Guardian is necessary. The chart below lists contact information for each clerk of superior court.

County CourthousePhone NumberMailing Address
Alamance(336) 570-5200Alamance County Historical Courthouse
1 Court Square
Graham, NC 27253
Alexander(828) 635-3113Alexander County Courthouse
PO Box 100
Taylorsville, NC 28681
Alleghany(336) 372-3900Alleghany County Courthouse
PO Box 61
Sparta, NC 28675
Ashe(336) 219-1400Ashe County Courthouse
150 Government Circle, Suite 3100
Jefferson, NC 28640
Avery(828) 737-6700Avery County Courthouse
PO Box 115
Newland, NC 28657
Beaufort(252) 940-4000Beaufort County Courthouse
PO Box 1403
Washington, NC 27889
Bertie(252) 794-6800Bertie County Courthouse
PO Box 370
Windsor, NC 27983
Bladen(910) 872-7200Bladen County Courthouse
PO Box 2619
Elizabethtown, NC 28337
Brunswick(910) 253-3900Brunswick County Courthouse
310 Government Center Drive NE, Unit 1
Bolivia, NC 28422
Buncombe(828) 259-3400Buncombe County Courthouse
60 Court Plaza
Asheville, NC 28801
Burke(828) 433-3200Burke County Courthouse
PO Box 796
Morganton, NC 28655
Cabarrus(704) 262-5500Cabarrus County Courthouse
PO Box 70
Concord, NC 28026
Caldwell(828) 759-3503Caldwell County Courthouse
PO Box 1376
Lenoir, NC 28645
Camden(252) 336-4000Camden County Courthouse
PO Box 219
Camden, NC 27921
Carteret(252) 504-4400Carteret County Courthouse
300 Courthouse Square
Beaufort, NC 28516
Caswell(336) 459-4000Caswell County Courthouse
PO Drawer 790
Yanceyville, NC 27379
Catawba(828) 695-6100Catawba County Justice Center
100 Government Drive, Department A
Newton, NC 28658
Chatham(919) 545-3500Chatham County Courthouse
PO Box 369
Pittsboro, NC 27312
Cherokee(828) 835-7740Cherokee County Courthouse
75 Peachtree St
Murphy, NC 28906
Chowan(252) 368-5000Chowan County Courthouse
PO Box 588
Edenton, NC 27932
Clay(828) 389-2300Clay County Government Center
261 Courthouse Dr., Suite 1
Hayesville, NC 28904
Cleveland(704) 476-7800Cleveland County Courthouse
100 Justice Place
Shelby, NC 28150
Columbus(910) 641-4400Columbus County Courthouse
PO Box 1587
Whiteville, NC 28472
Craven(252) 639-3000Craven County Courthouse
PO Box 1187
New Bern, NC 28563
Cumberland(910) 475-3000Judge E. Maurice Braswell Cumberland County Courthouse
PO Box 363
Fayetteville, NC 28301
Currituck(252) 232-6200Currituck County Courthouse
PO Box 175
Currituck, NC 27929
Dare(252) 475-5200Dare County Justice Center
PO Box 1849
Manteo, NC 27954
Davidson(336) 242-6701Davidson County Courthouse
PO Box 1064
Lexington, NC 27293
Davie(336) 936-3000Davie County Courthouse
140 South Main St
Mocksville, NC 27028
Duplin(910) 275-7000Duplin County Courthouse
PO Box 189
Kenansville, NC 28349
Durham(919) 808-3000Durham County Courthouse
510 South Dillard St
Durham, NC 27701
Edgecombe(252) 824-3200Edgecombe County Courthouse
PO Drawer 9
Tarboro, NC 27886
Forsyth(336) 779-6300Forsyth County Courthouse
PO Box 20099
Winston Salem, NC 27120
Franklin(919) 497-4200Franklin County Courthouse
102 S Main St.
Louisburg, NC 27549
Gaston(704) 852-3100Gaston County Courthouse
325 Dr. Martin Luther King Jr. Way, Suite 1004
Gastonia, NC 28052
Gates(252) 357-1365Gates County Courthouse
PO Box 31
Gatesville, NC 27938
Graham(828) 474-7000Graham County Courthouse
PO Box 1179
Robbinsville, NC 28771
Granville(919) 690-4800Granville County Courthouse
101 Main St.
Oxford, NC 27565
Greene(252) 747-6200Greene County Courthouse
PO Box 675
Snow Hill, NC 28580
Guilford(336) 412-7300Guilford County Courthouse
PO Box 3008
Greensboro, NC 27402
Halifax(252) 593-3000Halifax County Courthouse
PO Box 66
Halifax, NC 27839
Harnett(910) 814-4600Harnett County Courthouse
301 W. Cornelius Harnett Blvd., Suite 100
Lillington, NC 27546
Haywood(828) 454-6501Haywood County Courthouse
285 N Main St., Suite 1500
Waynesville, NC 28786
Henderson(828) 694-4100Henderson County Courthouse
200 N Grove St., Suite 163
Hendersonville, NC 28792
Hertford(252) 358-7100Hertford County Courthouse
PO Box 86
Winton, NC 27986
Hoke(910) 878-4100Hoke County Courthouse
PO Drawer 1569
Raeford, NC 28376
Hyde
(252) 926-4700Hyde County Courthouse
PO Box 337
Swan Quarter, NC 27885
Iredell(704) 832-6600Iredell County Hall of Justice
226 Stockton St
Statesville, NC 28677
Jackson(828) 631-6400Jackson County Courthouse
401 Grindstaff Cove Rd
Sylva, NC 28779
Johnston(919) 209-5400Johnston County Courthouse
PO Box 297
Smithfield, NC 27577
Jones(252) 448-6220Jones County Courthouse
PO Box 280
Trenton, NC 28585
Lee(919) 718-6300Lee County Courthouse
PO Box 4209
Sanford, NC 27331
Lenoir(252) 520-5300Lenoir County Courthouse
PO Box 68
Kinston, NC 28501
Lincoln(704) 742-7800Lincoln County Courthouse
PO Box 8
Lincolnton, NC 28093
McDowell(828) 655-4100McDowell County Courthouse
21 S Main St
Marion, NC 28752
Macon(828) 349-7200Macon County Courthouse
PO Box 288
Franklin, NC 28744
Madison(828) 649-2200Madison County Courthouse
PO Box 217
Marshall, NC 28753
Martin(252) 809-5100Martin County Governmental Center
PO Box 807
Williamston, NC 27892
Mecklenburg(704) 686-0400Mecklenburg County Courthouse
PO Box 37971
Charlotte, NC 28237-7971
Mitchell(828) 688-5100Mitchell County Courthouse
328 Longview Dr
Bakersville, NC 28705
Montgomery(910) 571-3700Montgomery County Courthouse
PO Box 527
Troy, NC 27371
Moore(910) 722-5000Moore County Courts Facility Building
PO Box 936
Carthage, NC 28327
Nash(252) 220-3000Nash County Courthouse
PO Box 759
Nashville, NC 27856
New Hanover(910) 772-6600New Hanover County Courthouse
PO Box 2023
Wilmington, NC 28402
Northampton(252) 574-3100Northampton County Courthouse
PO Box 217
Jackson, NC 27845
Onslow(910) 478-3600Onslow County Courthouse
625 Court St
Jacksonville, NC 28540
Orange(919) 644-4500Orange County Courthouse
106 E Margaret Lane
Hillsborough, NC 27278
Pamlico(252) 745-6600Pamlico County Courthouse
PO Box 38
Bayboro, NC 28515
Pasquotank(252) 331-4600Pasquotank County Courthouse
PO Box 449
Elizabeth City, NC 27907
Pender(910) 663-3900Pender County Courthouse
PO Box 310
Burgaw, NC 28425
Perquimans(252) 404-5000Perquimans County Courthouse
PO Box 33
Hertford, NC 27944
Person(336) 503-5200Person County Courthouse
105 S Main St
Roxboro, NC 27573
Pitt(252) 695-7100Pitt County Courthouse
PO Box 6067
Greenville, NC 27835
Polk(828) 894-4900Polk County Courthouse
PO Box 38
Columbus, NC 28722
Randolph(336) 328-3000Randolph County Courthouse
176 East Salisbury St., Suite 201
Asheboro, NC 27203
Richmond(910) 419-7400Richmond County Judicial Center
105 W Franklin St
Rockingham, NC 28379
Robeson(910) 671-3000Robeson County Courthouse
PO Box 1084
Lumberton, NC 28359
Rockingham(336) 634-6000Rockingham County Judicial Center
PO Box 127
Wentworth, NC 27375
Rowan(704) 797-3001Rowan County Courthouse
210 N Main St
Salisbury, NC 28144
Rutherford(828) 288-6100Rutherford County Courthouse
229 N. Main St., Suite 203
Rutherfordton, NC 28139
Sampson(910) 596-6600Sampson County Courthouse
101 E. Main St
Clinton, NC 28328
Scotland(910) 266-4400Scotland County Courthouse
PO Box 769
Laurinburg, NC 28353
Stanly(704) 986-7000Stanly County Courthouse
PO Box 668
Albemarle, NC 28002
Stokes(336) 593-4400Stokes County Courthouse
PO Box 250
Danbury, NC 27016
Surry(336) 386-3700Surry County Courthouse
PO Box 345
Dobson, NC 27017
Swain(828) 488-7400Swain County Courthouse
PO Box 1397
Bryson City, NC 28713
Transylvania(828) 885-3000Transylvania County Courthouse
7 East Main St
Brevard, NC 28712
Tyrrell(252) 766-6510Tyrrell County Courthouse
PO Box 406
Columbia, NC 27925
Union(704) 698-3100Union County Judicial Center
PO Box 5038
Monroe, NC 28112
Vance(252) 430-5100Vance County Courthouse
156 Church St., Suite 101
Henderson, NC 27536
Wake(919) 792-4000Wake County Courthouse
PO Box 351
Raleigh, NC 27602
Warren(252) 257-6300Warren County Courthouse
PO Box 709
Warrenton, NC 27589
Washington(252) 791-4000Washington County Courthouse
PO Box 901
Plymouth, NC 27962
Watauga(828) 268-6600Watauga County Courthouse
842 W King St., Suite 13
Boone, NC 28607
Wayne(919) 722-6100Wayne County Courthouse
224 E. Walnut St., Room 230
Goldsboro, NC 2753
Wilkes(336) 651-4400Wilkes County Courthouse
500 Courthouse Dr
Wilkesboro, NC 28697
Wilson(252) 206-3000Wilson County Courthouse
PO Box 1608
Wilson, NC 27894
Yadkin(336) 679-3600Yadkin County Courthouse
PO Box 95
Yadkinville, NC 27055
Yancey(828) 678-5700Yancey County Courthouse
110 Towne Square, Room 5
Burnsville, NC 28714
North Carolina Probate Courts
North Carolina Guardian Bond Form

Notary Bond Application:

Business Information:

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information:

Employee Dishonesty Bond Application:

Business Information:

Business Description:

Coverage Requirements:

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information:

Contract Bond Application:

Business Information:

Owner Information:

Job Details:

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information:

Worker's Compensation Application:

Business Information:

Business Description:

Coverage Requirements

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information: