Adoptions; Foreclosures; Incompetency and Guardianship Proceedings; Name Changes; Partitions of Property and Legitimations

Some Special Proceedings have forms available — others do not. We have forms available for adoption; incompetency and guardianship; and name changes. All other Special Proceedings must be drafted by you or your attorney. Special Proceedings are filed on the 2nd floor Rm# 2400 of the Durham County Courthouse.

Guardianship is a legal relationship in which a person(s) or agency (the guardian) is appointed by the court to make decisions and act on behalf of a person who does not have adequate capacity to make such decisions involving the management of personal affairs, property, or both. A court process is required to create a guardianship. Guardianship may be required for a minor or an adult.

Minor Guardianship

A court-appointed legal guardian for a minor may be necessary where the minor will inherit property or receive a settlement arising from an accident. A guardian must be appointed to take charge of the property, protect it, and distribute it for the minor's best interest. This type of guardian is called a Guardian of the Estate.

The Clerk of the Superior Court only has jurisdiction to appoint a Guardian of the Person for any minor that has no living parents or other guardians. The Clerk of the Superior Court cannot appoint a Guardian of the Person for a minor if that minor's parents are still living, regardless of whether the parents’ consent. In this event, the District Court must decide custody.

NOTE: You may pick up the necessary forms for the appointment of a guardian for a minor from the Estates Division, located on the 2nd floor Rm# 2300 of the Durham County Courthouse.

Adult Guardianship

Adults are presumed legally competent to handle their own affairs. Before a person's right to make basic decisions is taken away, that person must first be adjudicated incompetent at a hearing before the Clerk of the Superior Court or a jury. This proceeding is filed as a Special Proceeding in Rm # 2400

For more information about Guardianship and alternatives to guardianship, see Guardianship FAQ

To have your name changed or the name of your child changed, you must complete a 'Petition for Name Change' which can be done without an attorney.  There are packets for Adult and Minor name changes located in Special Proceedings on the 2nd floor Rm# 2400 of the Durham County Courthouse.

Legal Ways of Changing Names

• Adoption Decree
• Application by a widow or divorced woman for the resumption of:
  • a maiden name,
  • oname of a prior deceased husband,
  • oor prior divorced husband if children have that husband's surname
• Petition of Special Proceeding

Name Change Approval Process

• You must post notice at the courthouse of your intent to change your name for at least 10 days
• Prove that you have a good and sufficient reason for the name change
• Have at least two residents of the county who know you file an affidavit giving proof of your good character
• Provide a certified criminal history for all counties in which you have resided

More detailed instructions are available at the Clerk of Superior Court Office.

NOTE: Resumptions of Prior Name are not filed as Special Proceedings — these are filed in Civil Filings

Adoptions are Special Proceedings filed before the Clerk of the Superior Court. The adoption petition forms are available in the Special Proceedings Division of our office, located on the 2nd floor Rm# 2400 of the Durham County Courthouse. 

Adoption Filing Fee

$120.00

NOTE: Although our staff will assist you with procedural questions, we are specifically prohibited by law from giving you legal advice and recommend that you seek legal counsel.

For more information about Adoptions, see Adoptions FAQ

A foreclosure is a method of enforcing payment of a debt secured by a mortgage, deed of trust, or lien on real property by selling the real property and applying the proceeds of the sale to satisfy the debt. As a result of the foreclosure, the property owner loses all rights in the property.

A power of sale foreclosure is a contractual right under the terms of a deed of trust which gives the trustee the power to sell the real property on behalf of the lender if the borrower defaults. The procedure for the power of sale foreclosure is contained in Article 2A in Chapter 45 of the North Carolina General Statutes. A power of sale foreclosure may not proceed unless authorized by a court after a hearing. A Clerk of Superior Court in the county where the real property is located has the authority to authorize or deny a power of sale foreclosure. A Clerk of Superior Court may only hear and decide certain factual and legal issues in a power of sale foreclosure proceeding.

A foreclosure by civil action differs from a power of sale foreclosure and is filed in either district or superior court depending on the value of the real property subject to foreclosure. The procedure for a sale in a foreclosure by civil action is contained in Article 29A in Chapter 1 of the North Carolina General Statutes.

For more information about Foreclosures, see the Foreclosures FAQ