State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_35A > GS_35A-1262

§35A‑1262.  Procedure to compel inventory or account.

(a)        In cases of defaultto file the inventory or account required by G.S. 35A‑1261, the clerkmust issue an order requiring the guardian to file the inventory or accountwithin the time specified in the order, or to show cause why he should not beremoved from office or held in civil contempt, or both.  If after due serviceof the order, the guardian does not, within the time specified in the order,file such inventory or account, or obtain further time to file the same, theclerk may remove him from office, hold him in civil contempt as provided inArticle 2 of Chapter 5A, or both.

(b)        The guardian shallbe personally liable for the costs of any proceeding incident to his failure tofile the inventory or account required by G.S. 35A‑1261.  Such costsshall be taxed against him by the clerk and may be collected by deduction fromany commissions that may be found due the guardian upon final settlement of theestate. (1987, c. 550, s. 1; 1989, c. 473, s. 27.)