Short Answer

In North Carolina, you move a house into a trust by having the current owner (your grandparent) sign and record a deed transferring title to you “as Trustee” of your child’s trust. Create and sign the trust agreement first, then record the deed with the Register of Deeds where the property sits. If your grandparent is married, the spouse should also sign to waive marital rights. Record promptly to protect the transfer.

Understanding the Problem

You want to know if, in North Carolina, your grandparent can transfer a house now into a trust for your child, with you serving as trustee until your child turns 21. You’re looking for the legal steps, who signs what, where to file, and any traps to avoid so the trust actually owns the home.

Apply the Law

Under North Carolina law, a living trust can hold real estate when a trustee is properly named and the deed is recorded. The Register of Deeds in the county where the property is located is the main office involved. There’s no routine court filing to create or fund a living trust. The transfer isn’t fully protected against later buyers or lien creditors until the deed is recorded; North Carolina is a “race” recording state.

Key Requirements

• Signed trust agreement: Set up a written trust that names your child as beneficiary, you as trustee until age 21, and a successor trustee, with authority to hold and manage this property.
• Deed to the trustee: Your grandparent signs a deed conveying the house to “Your Name, Trustee of the [Child’s Name] Trust dated [date],” not to the trust by itself.
• Proper execution and recording: Deed must be signed, notarized, and recorded with the Register of Deeds where the property is located, with applicable fees (and any required tax/fee filings).
• Spousal joinder if married: If your grandparent is married, the spouse should sign the deed to waive elective life estate rights in the real estate.
• Trustee duties and titling: Keep the asset clearly titled as trust property; maintain separate records; consider using a Certification of Trust to confirm trustee authority without disclosing the full trust.
• Lender, taxes, and insurance: If there’s a mortgage, confirm loan requirements; update county tax records and homeowners insurance to reflect the trustee/trust.

What the Statutes Say

• North Carolina Gen. Stat. § 47-18 (Recording; race statute) – A deed isn’t effective against purchasers or lien creditors until recorded; record in the county where the land lies.
• North Carolina Gen. Stat. § 36C-10-1013 (Certification of trust) – Lets a trustee prove authority without providing the full trust document.
• North Carolina Gen. Stat. § 36C-8-810 (Trust records and titling) – Requires trustees to keep records and identify assets as trust property.
• North Carolina Gen. Stat. § 29-30 (Spousal elective life estate) – A surviving spouse can claim a life estate in certain real estate unless properly waived.

Analysis

Apply the Rule to the Facts: Because the house will be the only trust asset, the deed must clearly vest title in you “as Trustee” of your child’s trust, and you must record it in the county where the property sits to protect the transfer. Since you’ll serve as trustee until age 21, sign and accept the trusteeship and keep separate trust records and insurance. You’ve already named a backup trustee (your mother), so if you cannot serve, the trust can continue without court involvement.

Process & Timing

1. Who files: Your grandparent (as current owner) signs the deed. Where: Register of Deeds in the North Carolina county where the house is located. What: A notarized deed conveying the property to “You, Trustee of the [Child’s Name] Trust dated [date],” plus a Certification of Trust (to show authority) and required recording/transfer paperwork. When: Create/sign the trust first, then record the deed immediately after.
2. After recording, notify the county tax office of the mailing address for tax bills; contact the insurer to list the trustee/trust as a named insured; if a mortgage exists, provide the lender any documents they require. Expect 1–2 weeks for updated policies and lender review.
3. Maintain the recorded deed and trust records. Going forward, administer the property for your child’s benefit under the trust; when your child turns 21 (per your trust terms), distribute or retitle according to the trust.

Exceptions & Pitfalls

• Married owner: If your grandparent is married, have the spouse sign to waive elective life estate rights; missing this signature can cloud title later.
• Wrong grantee name: Do not deed “to the trust.” Deed to the trustee by name and capacity (e.g., “Jane Doe, Trustee of the John Doe Trust dated 1/1/2025”).
• Unrecorded transfer: An unrecorded deed is vulnerable to later buyers or lien creditors—record promptly in the county where the land lies.
• Mortgage due-on-sale and notices: Check the loan; some lenders require notice or consent for transfers to a trust. Keep payments current and update insurance.
• Trustee duties/conflicts: As trustee, avoid self-dealing. If anyone will live in the house or pay/receive rent, spell it out in the trust to prevent disputes.
• Multiple counties: If the property spans counties, record in each county where any part lies.

Talk to a Estate Planning Attorney

If you’re dealing with moving a North Carolina home into a trust for a minor, 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.