How Much Does Guardianship Cost in North Carolina? Fees and Fee Waivers

Court costs are one of the first concerns for grandparents and relatives filing for guardianship or custody in North Carolina. Most kinship caregivers are on fixed incomes — Social Security, retirement, disability — and an unexpected filing fee can feel like a barrier.

The costs are manageable, and North Carolina has a fee waiver process for those who qualify. Here's what to expect.

Standard Court Costs

Chapter 35A guardianship (filed with the Clerk of Superior Court as a special proceeding):

• Base filing fee: $120
• Sheriff service fee: $30 per person served
• Certified copies of the guardianship order: a few dollars each (you'll want several)

Chapter 50 custody (filed in District Court as a domestic civil action):

• Base filing fee: $120
• Sheriff service fee: $30 per person served
• Certified copies: same as above

These fees cover the court's administrative costs and the sheriff's time delivering legal papers to the other party. They do not include optional expenses like hiring a private process server, publication charges if you need service by publication for a missing parent, or any private home evaluation ordered by the court. Ask the newspaper and Clerk for current charges.

The Fee Waiver: AOC-G-106

If you cannot afford the filing and service fees, North Carolina law allows you to petition the court to proceed as an indigent. The form is AOC-G-106 (Petition to Proceed as an Indigent), and you file it at the same time as your guardianship application or custody complaint.

On the form, you provide sworn information about:

• Your monthly income from all sources
• Your assets (bank accounts, property, vehicles)
• Your monthly expenses (rent, utilities, food, medical)
• Whether you receive means-tested public assistance — Work First, SNAP, Supplemental Security Income (SSI), or Medicaid

List any of these benefits on the petition. The Clerk or judge reviews your complete sworn financial information and decides whether you qualify.

What the Fee Waiver Covers (and What It Doesn't)

Covered:

• The court filing fee
• Sheriff service fees

Not covered:

• Private process server fees (if you choose one instead of the sheriff)
• Publication costs for service by publication on a missing parent
• Private home evaluation or custody study fees
• Guardian ad litem fees if assigned by the court at final judgment
• Bond premium if you're appointed guardian of the estate

The fee waiver removes the upfront financial barrier to getting into court. External costs that arise during the case are handled separately.

How the Clerk Decides

The Clerk of Superior Court (for Chapter 35A) or a District Court Judge (for Chapter 50) reviews your AOC-G-106 and decides whether you qualify. If approved, you file your case without advance payment of court costs or sheriff service fees. Follow the court's instructions if it requests more information or denies the petition.

Being approved as indigent does not mean you'll never owe costs. If you later recover money or if the court orders the other party to pay costs, those fees may come back into play. But for the filing itself, the waiver lets you proceed.

Keeping Total Costs Down

Beyond court fees, the biggest cost in guardianship or custody is often an attorney. Many kinship caregivers file pro se (without a lawyer). Legal Aid of North Carolina provides free representation to qualifying low-income residents, though their capacity is limited and they prioritize domestic violence and emergency child protection cases.

Filing pro se is realistic for Chapter 35A guardianship, which uses standard AOC forms. Chapter 50 custody — which requires drafted pleadings and a higher evidentiary standard — is more complex to handle alone, though it's done regularly.

A Cost-Conscious Path Through the Process

Our North Carolina Guardianship and Custody Court Process Guide explains every cost you might encounter — filing fees, service fees, potential extras — and walks through the AOC-G-106 fee waiver step by step. It's designed for caregivers filing without an attorney, with worksheets that help you organize documents, track service, and prepare for your hearing.

See more North Carolina guides →