Sep192025
Probate Q&A Series

How do I find out if my parent’s assets are in a trust or need probate? – North Carolina

Short Answer

In North Carolina, assets titled to a revocable living trust or with a named beneficiary (like life insurance, retirement accounts, or POD/TOD accounts) usually bypass probate. Assets owned solely in the decedent’s name without a beneficiary typically require probate through the Clerk of Superior Court. To confirm, check how key accounts and real estate are titled, ask the trustee for information if you are a beneficiary, and verify whether any executor has actually qualified and received “Letters.” If a will exists but hasn’t been produced, you can ask the clerk to compel its production.

Understanding the Problem

In North Carolina, how you figure out whether assets are in a trust or must go through probate turns on ownership at death. You need to know who holds legal title and whether anyone has legal authority to act. Here, a sibling claims to be the executor but has not filed the will or opened an estate. Your next steps focus on confirming titles, locating the will, and, if a trust exists, requesting information from the trustee.

Apply the Law

Under North Carolina law, probate is required for assets owned solely by the decedent without a beneficiary designation. By contrast, trust assets and beneficiary-designated assets generally transfer outside probate. A person named as executor has no authority until the Clerk of Superior Court admits the will (if any) and issues Letters. Beneficiaries of a trust are entitled to basic information about the trust and its administration. The Clerk of Superior Court is the main forum for probate matters, and if an estate opens, an inventory is due within three months of qualification.

Key Requirements

  • Confirm asset titling: Determine whether accounts, real estate, or investments are held in the decedent’s sole name, in a revocable trust, jointly with survivorship, or with POD/TOD or beneficiary designations.
  • Locate and produce the will: If a will exists, it must be produced to the clerk; you may apply to have the clerk compel production if someone is holding it.
  • Verify authority: A sibling is not an executor until formally qualified and issued Letters by the clerk; without Letters, they cannot act for the estate.
  • Request trust information: If you are a trust beneficiary, you may request essential information and reports from the trustee about trust assets and administration.
  • Use clerk procedures when needed: The clerk can oversee safe‑deposit box inventories to locate wills and can administer probate when required; if an estate opens, an inventory is due within three months of qualification.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because your sibling has not opened an estate or received Letters, they do not yet have executor authority. If most assets were retitled into a trust, they likely bypass probate; you can request information from the trustee if you are a beneficiary. With no probate docket, the will may be unfiled; you can ask the clerk to compel production of the will and request a safe‑deposit inventory if needed to locate it. Asset titles will drive whether probate is required.

Process & Timing

  1. Who files: An heir, devisee, or other interested person. Where: Clerk of Superior Court in the North Carolina county where the decedent lived. What: (a) Application by affidavit to compel production of the will; (b) Request the clerk to arrange a safe‑deposit box inventory if the will is believed to be there (AOC-E-520 is used by the clerk); (c) If probate is needed, file AOC‑E‑201 (Application for Probate and Letters). When: As soon as practicable; if you qualify as personal representative, the inventory is due within three months of qualification.
  2. If a revocable trust holds assets, send a written information request to the trustee. If information is not provided, file a trust proceeding with the Clerk of Superior Court in the county of the trust’s principal place of administration to compel reports or other relief.
  3. If no one opens probate but probate is required (sole‑name assets), pursue admission of the will (or intestate administration) and, upon qualification, publish notice to creditors and file the inventory within three months. The clerk will then monitor inventories and accounts until closing.

Exceptions & Pitfalls

  • Being “named” executor is not enough—there is no authority until the clerk issues Letters; acting prematurely can cause personal liability.
  • Trusts are generally private; only qualified beneficiaries have a right to information. If you are not a beneficiary, formal court relief may be limited.
  • Some assets that pass outside probate (for example, certain survivorship accounts) can sometimes be reached to pay estate debts if probate assets are insufficient; do not assume nonprobate assets are always beyond creditors.
  • Do not rely on online docket searches alone; also ask the clerk to check for wills deposited for safekeeping and consider a safe‑deposit box inventory.
  • Service and venue matter. Trust proceedings generally belong where the trust is administered; probate belongs where the decedent was domiciled.

Conclusion

Whether assets need probate in North Carolina depends on title at death: trust and beneficiary‑designated assets usually pass outside probate; sole‑name assets without beneficiaries usually require probate. Because no estate is open and the will has not surfaced, your next step is to ask the Clerk of Superior Court to compel production of the will and, if appropriate, arrange a safe‑deposit box inventory. If you later qualify, file the inventory within three months.

Talk to a Probate Attorney

If you’re trying to confirm whether assets are in a trust or require probate and no one has opened an estate, 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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.