Short Answer

In North Carolina, you generally transfer real estate into a revocable living trust by signing and recording a deed from yourself, individually, to yourself (or another) as trustee of the trust. Many lawyers use a non-warranty or quitclaim-style deed for this funding step to avoid adding title warranties. If the land is located in another state, that state’s deed form, signing formalities, and recording rules control, so use a local attorney there to prepare and record the deed.

Understanding the Problem

In North Carolina, how do I transfer an out-of-state parcel I own into my revocable living trust? You want a clear answer about the deed type to use, who signs it, and where to record it so the trust becomes the legal owner. One key fact here is that the property sits in another state, which means that state’s recording office and rules apply even though you are asking from North Carolina.

Apply the Law

Under North Carolina law, funding a revocable trust with real estate is done by deed: the current owner conveys title to the trustee, using proper trustee titling (for example, “Jane Doe, Trustee of the Jane Doe Revocable Trust dated [date]”). For NC parcels, you record the deed with the county Register of Deeds and address any transfer/recording taxes. For parcels outside NC, the law of the property’s location governs deed form, witnessing/notary requirements, transfer taxes, and the county recorder’s procedures. In practice, many attorneys use a quitclaim or other non-warranty deed for an owner-to-trust transfer to avoid giving new title warranties, and they use a short “certification of trust” to show trustee authority without recording the full trust.

Key Requirements

• Correct parties and capacity: Grantor is the individual owner; grantee is the trustee stated in trustee capacity with the trust’s exact name and date.
• Use a deed acceptable in the situs state: The state where the property sits controls the deed type, execution formalities (notary/witnesses), and recording standards.
• Non-warranty deed is common: For funding a revocable trust, attorneys often use a quitclaim or other non-warranty deed to avoid adding title warranties.
• Record in the correct county: File the original deed with the county recorder/Register of Deeds where the land is located and pay any transfer/recording taxes required there.
• Show trustee authority without over-sharing: Provide a certification of trust to third parties if needed instead of the full trust instrument.

What the Statutes Say

• North Carolina Gen. Stat. § 36C-10-1013 (Certification of trust) – Lets trustees prove authority without disclosing the full trust.
• North Carolina Gen. Stat. § 36C-10-1012 (Protection for those dealing with a trustee) – Protects third parties who rely in good faith on the trustee’s authority.
• North Carolina Gen. Stat. § 36C-8-816 (Trustee powers) – Lists trustee powers to acquire, hold, and convey property.
• North Carolina Gen. Stat. § 105-228.28 (Real estate excise tax) – Addresses transfer tax on deeds recorded in North Carolina.

Analysis

Apply the Rule to the Facts: You will sign a deed conveying the out-of-state parcel from you, individually, to you (or your chosen person) as trustee of your revocable trust, using the trust’s exact name and date. Because the land is in another state, a local attorney there should draft the deed in the format that state requires, ensure proper witnessing/notarization, and record it with the correct county office. Using a non-warranty or quitclaim-style deed is common for this internal retitling step.

Process & Timing

1. Who files: The current owner signs the deed. Where: The county recorder/Register of Deeds where the property is located. What: A deed from owner to “Trustee of the [Trust Name] dated [date]” plus any required transfer tax forms; provide a certification of trust if requested. When: Before death, so the trust—not the estate—owns the parcel.
2. Local attorney reviews title, drafts the correct deed type for that state (often non-warranty/quitclaim for funding), arranges proper execution, and submits for recording with required fees. Recording turnaround varies by county.
3. After recording, update insurance, property tax mailing address, and trust records to reflect trustee ownership. Keep the recorded deed and certification of trust with your files.

Exceptions & Pitfalls

• Using the wrong deed form or missing required witnesses/notary for the property’s state can void the transfer or delay recording.
• Misnaming the trustee or trust (wrong date or title) can cloud title; match the trust’s exact name and date.
• Unpaid transfer/recording taxes or missing cover sheets can block recording; counties often require specific affidavits.
• If there is a mortgage, confirm lender requirements; many allow transfers to a revocable trust if the borrower remains a beneficiary and occupant.
• Do not record the entire trust; use a certification of trust to show authority while protecting privacy.

Talk to a Estate Planning Attorney

If you’re moving real estate into a living trust and need the right deed and recording steps, our firm can help you coordinate with local counsel and get it done correctly. Contact us today to discuss your options and timeline.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.