Short Answer

In North Carolina, you ask the Clerk of Superior Court to appoint a successor trustee by filing a petition in a trust proceeding. Include the trust instrument, facts showing a vacancy (for example, the current trustee cannot be located), a proposed order, and the nominee’s acceptance (and bond if required). You must serve all necessary parties with an Estate Summons for Trust Proceeding. After notice and, if needed, a hearing, the clerk can enter an order appointing the trustee so the closing can move forward.

Understanding the Problem

You’re handling a North Carolina sale where one co-owner’s interest is held in a trust, but the named trustee can’t be found. You need the court to appoint someone who can sign for that trust’s share so the closing isn’t stalled. This is a question about how to ask the Clerk of Superior Court to appoint a trustee and what to file to get that done.

Apply the Law

North Carolina law lets the Clerk of Superior Court appoint a successor trustee when there is a vacancy and the trust has no acting trustee. A “vacancy” includes when a designated trustee cannot be identified or located. Trust proceedings are filed with the Clerk of Superior Court, and respondents generally have 10 days to answer after service of an estate summons. Venue depends on the trust’s administration location, beneficiary residence, or where trust property is located if no trustee is in place.

Key Requirements

• Show a vacancy: Explain why no trustee can act (for example, the named trustee cannot be located) and attach proof of diligent search.
• Proper venue and filing: File the petition with the Clerk of Superior Court in a proper county for trust proceedings.
• Notice to necessary parties: Serve qualified beneficiaries, any co-trustees, and other required respondents with the estate summons.
• Suitable appointee: Identify a willing and suitable successor (or request the court to select/appoint a special fiduciary) and include an acceptance; bond may be required by the trust or court.
• Order and authority: Submit a proposed order appointing the trustee so they can execute closing documents; the trustee can later provide a Certification of Trust to the closing.

What the Statutes Say

• North Carolina Gen. Stat. § 36C-7-704 (Vacancy; appointment of successor trustee) – Sets when a vacancy exists and how a successor is chosen or appointed.
• North Carolina Gen. Stat. § 36C-2-203 (Trust proceedings; clerk’s jurisdiction) – Gives the clerk authority over appointing/removing trustees and related trust matters.
• North Carolina Gen. Stat. § 36C-2-205 (Procedure in trust proceedings) – Outlines pleadings, summons, service, response time, and applicable rules.
• North Carolina Gen. Stat. § 36C-2-204 (Venue) – Explains where to file, including special rules when no trustee is in office.

Analysis

Apply the Rule to the Facts: Your closing is blocked because the trustee for one trust share cannot be located, which creates a vacancy. File a trust proceeding with the Clerk of Superior Court in a proper venue, show the vacancy and your diligent but unsuccessful efforts to locate the trustee, and serve the qualified beneficiaries and any other required parties. Propose a suitable successor trustee who will accept and, if needed, post bond; once appointed by order, that trustee can sign the deed and provide a Certification of Trust for closing.

Process & Timing

1. Who files: A beneficiary, co-owner, co-trustee, or other party in interest. Where: Clerk of Superior Court in a proper North Carolina county under the trust venue rules. What: Petition for Appointment of Successor Trustee (trust proceeding), with exhibits; Estates Action Cover Sheet (AOC‑E‑650); Estate Summons for Trust Proceeding (AOC‑E‑150) for each respondent. When: File as soon as the vacancy blocks administration; respondents generally have 10 days to answer after service.
2. Serve and schedule: Serve all necessary parties under Rule 4 using AOC‑E‑150. If uncontested, the clerk may decide on the filings; if contested, the clerk will hold a hearing. Many counties can hear uncontested petitions in a few weeks, but timing varies by county workload.
3. Order and closing: Submit a proposed order appointing the successor trustee, plus the trustee’s signed Acceptance (and bond if required). After entry of the order, the trustee can execute the deed and provide a Certification of Trust. For title clarity, practitioners often record a certified copy of the appointment order with the deed.

Exceptions & Pitfalls

• Faster alternative: If the trust has no acting trustee, the qualified beneficiaries may unanimously appoint a successor without court involvement if the terms allow it; if not unanimous or unclear, seek a court appointment.
• Diligent search proof: Show efforts to locate the missing trustee (e.g., returned certified mail, skip tracing, notices). Thin evidence risks denial or delay.
• Notice/representation: Use proper service and representation rules. If minors, unborn, or unlocated beneficiaries are involved, the clerk may appoint a guardian ad litem.
• Bond and powers: The trust terms or the clerk may require a bond. Ask the order to state the trustee’s authority to convey the specific property to satisfy title underwriter requirements.
• Charitable interests: If the trust is charitable, notify the Attorney General as required.

Talk to a Real Estate Attorney

If you’re dealing with a stalled North Carolina closing because a trust share has no acting trustee, 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.