Short Answer

In North Carolina, you complete a joint revocable trust by (1) making sure both spouses properly sign a current joint trust document that says who manages and who inherits, and (2) funding the trust by retitling assets into the names of the trustees. Real estate is moved by recording new deeds with the Register of Deeds, and LLC interests are transferred by written assignment under the operating agreement. Use a Certification of Trust with banks and brokers, and coordinate pour-over wills and beneficiary designations.

Understanding the Problem

In North Carolina, you and your spouse want to complete a joint revocable trust so you can manage assets during life and set clear timelines for your one child to inherit. You need to know what you must sign, where to file deeds, and how to transfer your LLC interest and rental properties into the trust so it actually works.

Apply the Law

Under North Carolina’s trust code, a revocable trust is completed only when it is validly signed and funded. For spouses using a joint trust, each spouse can generally amend or revoke as to the portion of property he or she contributed, unless the trust says otherwise. Title changes—not just schedules—move assets into the trust: deeds are recorded with the county Register of Deeds, and business interests are assigned per the company’s governing documents. A Certification of Trust lets institutions verify trustee authority without disclosing the full trust. Revocable trust assets remain subject to the settlors’ creditors during life and after death, and a trustee may limit post‑death trust contests by giving formal notice that starts a 120‑day clock.

Key Requirements

• Execute a joint trust (or restatement): Both spouses sign a current joint revocable trust stating trustees, successor trustees, and clear distribution timing for your child.
• Fund the trust: Retitle assets to the trustees (e.g., “A and B, Trustees of the [Name] Revocable Trust dated [date]”)—record deeds for real estate; assign membership interests for the LLC; update banks/brokerages.
• Use a Certification of Trust: Provide institutions a statutory certification instead of the full trust to confirm trustee powers.
• Coordinate will and designations: Sign pour‑over wills and align beneficiary forms so non‑probate assets match your plan.
• Know joint‑trust amendment rules: In a multi‑settlor trust, each spouse typically controls changes to assets he or she contributed unless the trust says otherwise.
• Keep creditor and recordkeeping realities in mind: Revocable trust assets are reachable by settlors’ creditors; keep trust property titled and tracked separately.

What the Statutes Say

• North Carolina Gen. Stat. § 36C‑6‑602 (Revocation or amendment of revocable trust) – Multi‑settlor trusts: each settlor may revoke/amend as to their contribution unless the trust provides otherwise.
• North Carolina Gen. Stat. § 36C‑10‑1013 (Certification of trust) – Lets trustees prove authority without disclosing the full trust; requesting extra documents in bad faith can create liability.
• North Carolina Gen. Stat. § 36C‑5‑505 (Creditors’ claims against settlor) – Property of a revocable trust is subject to the settlor’s creditors during life and after death.
• North Carolina Gen. Stat. § 36C‑6‑604 (Contest of trust after settlor’s death) – A trustee can trigger a 120‑day deadline to contest by sending notice with the trust and required information.

Analysis

Apply the Rule to the Facts: Because an older revocable trust was never funded, you should update or restate it as a joint trust both spouses sign and include age‑ or date‑based distribution milestones for your child. Then fund it: record new deeds for each North Carolina property with the county Register of Deeds listing you as co‑trustees, assign the LLC membership interest to the trust under the operating agreement, and retitle financial accounts using a Certification of Trust. Lastly, sign pour‑over wills to capture any assets left outside the trust.

Process & Timing

1. Who files: No court filing is needed to complete a revocable trust. Where: Sign the updated joint trust and pour‑over wills; keep originals securely. What: Joint trust (or restatement) and pour‑over wills. When: Before funding; do this first so titles and assignments point to the correct trust.
2. Who files: You (or your attorney) for asset transfers. Where: Record real estate deeds at the county Register of Deeds; deliver LLC assignment and obtain any required consents under the operating agreement; notify banks/brokerages. What: Warranty/quitclaim deeds to trustees; LLC assignment and amended company records; Certification of Trust for financial institutions. When: Immediately after execution; recording is typically same day to a few days depending on county.
3. Who files: Trustee/manager for updates. Where: Financial institutions and, if manager/member information changes, the NC Secretary of State annual report. What: Account retitling forms; beneficiary updates; updated annual report if applicable. When: Within weeks of step 2 so all accounts and records match the trust.

Exceptions & Pitfalls

• LLC restrictions: Your operating agreement may require manager/Member approval, right of first refusal, or lender consent before assigning a membership interest. Failing to follow those steps can void the transfer.
• Deed details: Use trustee titles and the trust’s name/date correctly and record in the county where the property sits. Misnaming trustees or omitting the trust date can delay or cloud title.
• Tenancy by the entirety: Moving spouses’ TBE property into a trust can affect creditor protections unless the trust is drafted to preserve them; get counsel before transferring.
• Creditor reality: A revocable trust does not shield assets from your creditors. Plan for debts and taxes and keep records that separate trust and personal property.
• Coordination errors: Update beneficiary designations (life insurance, retirement) so they align with your trust’s timeline and tax goals; a pour‑over will catches stragglers but may add probate steps.
• Notice and contests: If a settlor dies, consider sending the statutory notice to start the 120‑day limit; missing this step can leave the trust open to later challenges.

Talk to a Estate Planning Attorney

If you’re dealing with updating and funding a joint revocable trust, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

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.