2026 data 10 states ~$257 avg

Guardianship — State Comparison

Legal process to establish court-supervised care for a minor or incapacitated adult.

Civil-court disposition mix — Guardianship

Disposition22%14%50%19%14%Plaintiff winDefendant winSettlementDismissedDefault
Civil-court disposition mix — Guardianship

States covered

10 states

guardianship

Average minimum fee

$257

Across all surveyed states

Free filings

0 states

All states charge a fee

Longest waiting period

60 days

Florida

How Guardianship Cases Typically Resolve

National disposition averages applied to guardianship filings — settlement is the most common outcome across civil dockets.

Settlement rate 42.0%

Most common civil-case outcome

Plaintiff judgments 18.0%
Defendant
Default judgments (non-response) 12.0%
Dismissals 16.0%

How Guardianship Filing Costs Vary Nationally

PlainCivil tracks guardianship filing requirements across 10 states out of 10 covered in the national dataset. Across those states, the average minimum filing fee is $257 and the average maximum is $377 — a spread that reflects both county-level surcharges and how each state funds its court system. The lowest entry cost is in North Carolina, starting at $150. The highest ceiling is in Florida, where complex cases can reach $500.

Waiting periods and procedural timelines differ just as sharply. Florida imposes the longest statutory waiting period for guardianship at 60 days before a final order can issue. Actual time from filing to resolution usually exceeds the statutory minimum because of court calendars, response deadlines, service of process, and any contested issues. Venue rules, residency minimums, and grounds requirements add further state-specific complexity you should check before filing.

This page is a procedural reference, not legal advice. Guardianship outcomes depend heavily on case facts, local court rules, opposing parties, and the judge assigned. If your situation involves minor children, contested property, domestic violence, housing loss, criminal collateral consequences, or immigration status, contact a licensed attorney or your state legal-aid organization before filing. Every state listed here also offers fee-waiver programs for filers whose household income falls below roughly 125–200% of the federal poverty level.

State-by-State Comparison

10 states
State Filing Fee Details
California
$465 Details →
Florida
$400–$500 Details →
Georgia
$200–$300 Details →
Illinois
$250–$400 Details →
Michigan
$175–$300 Details →
New York
$300–$450 Details →
North Carolina
$150–$250 Details →
Ohio
$175–$350 Details →
Pennsylvania
$200–$350 Details →
Texas
$250–$400 Details →

Details by State

California

$465

Probate Court filing fee $465. Investigator fees additional (~$600-$1,200).

Timeline: 3-6 months

Full California details →

Florida

$400–$500

Probate Court. Court-appointed examining committee fees add $500-$1,500.

Timeline: 3-6 months

Full Florida details →

Georgia

$200–$300

Probate Court. Physician evaluation required.

Timeline: 2-4 months

Full Georgia details →

Illinois

$250–$400

Probate Division of Circuit Court. Guardian ad litem fees vary.

Timeline: 2-4 months

Full Illinois details →

Michigan

$175–$300

Probate Court. Guardian ad litem fee $75-$150/hr typical.

Timeline: 2-4 months

Full Michigan details →

New York

$300–$450

Surrogate Court fees $300-$450. Attorney fees typical in contested cases.

Timeline: 2-4 months

Full New York details →

North Carolina

$150–$250

Clerk of Superior Court. Physician report required for incompetency.

Timeline: 2-3 months

Full North Carolina details →

Ohio

$175–$350

Probate Court. Inventory fee based on estate value.

Timeline: 2-4 months

Full Ohio details →

Pennsylvania

$200–$350

Orphans Court Division. Physician report required.

Timeline: 2-4 months

Full Pennsylvania details →

Texas

$250–$400

Probate Court. Guardian ad litem fees additional if appointed.

Timeline: 3-6 months

Full Texas details →

Related

Source: U.S. Bureau of Justice Statistics (BJS) Civil case dispositions and judgment trends · 2025