How can I set up a trust to hold my properties in multiple jurisdictions? – North Carolina

Short Answer

In North Carolina, you create a revocable living trust and then retitle each property into the trustee’s name, recording a deed in the county where the property sits. For North Carolina real estate, you sign and notarize a deed from yourself to your trustee (often yourself as trustee) and record it with the Register of Deeds. For out-of-state properties, prepare and record state-specific deeds there to avoid ancillary probate; formats and fees vary by state.

Understanding the Problem

You want to know whether you can use a North Carolina trust to hold homes in several states and how to move the titles out of your personal name and into the trust. You own residential properties in multiple states and need a clear, step-by-step way to retitle those properties so the trust, not you individually, appears on record.

Apply the Law

Under North Carolina law, a revocable living trust can hold title to real estate. After the trust is signed, you must “fund” it by transferring each property into the trustee’s name. For North Carolina parcels, that means recording a deed in the county Register of Deeds. For properties outside North Carolina, you must use that state’s deed form and recording rules. The trustee has broad statutory powers to manage, insure, and convey trust real estate, and third parties may rely on a certification of trust without needing the full trust document. The trust’s principal place of administration and North Carolina venue rules help determine which court would handle any future trust proceeding, if one becomes necessary.

Key Requirements

• Create the trust: Sign a revocable trust naming a trustee, beneficiaries, governing law, and principal place of administration.
• Title the deed correctly: Deed each property to the trustee in a format like “Jane Doe, Trustee of the Jane Doe Revocable Trust dated [date].”
• Record where the land sits: File the deed with the Register of Deeds in each North Carolina county (and the equivalent office in other states) where the property is located.
• Use a certification of trust: Provide a certification of trust to title companies, lenders, or HOAs so they can verify trustee authority without seeing the full trust.
• Mind signatures and consents: If a spouse co-owns, both typically sign; check loan documents for notice requirements to the lender.
• Keep trust records: Maintain records, keep trust assets titled in the trust’s name, and update insurance, tax billing, and mailing addresses.

What the Statutes Say

• North Carolina Gen. Stat. § 36C-10-1013 (Certification of trust) – Lets trustees prove authority to third parties without disclosing the full trust.
• North Carolina Gen. Stat. § 36C-8-815 (General powers of trustee) – Grants broad powers to manage and convey trust property.
• North Carolina Gen. Stat. § 36C-2-204 (Venue; principal place of administration) – Identifies where trust matters may be brought and how principal place of administration is determined.
• North Carolina Gen. Stat. § 47-18 (Registration of deeds) – Recording is required to protect interests against third parties.

Analysis

Apply the Rule to the Facts: You can create a North Carolina revocable trust and then fund it by deeding each property to your trustee. For your North Carolina home, sign and notarize a deed from you, individually, to you as trustee (or to your chosen trustee) and record it with the county Register of Deeds. For your out-of-state homes, prepare those states’ deed forms and record them in each property’s county to avoid ancillary probate in those states.

Process & Timing

1. Who files: You (the owner/settlor). Where: The Register of Deeds in each North Carolina county where the property sits; the equivalent land records office in other states. What: A properly drafted deed (often a warranty or quitclaim deed) conveying the property to the trustee, plus a notarization and any county-required cover sheet; optionally a Certification of Trust. When: As soon as the trust is signed; to avoid probate issues, complete and record before death.
2. Title company review and recording: Many counties record the same day or within a few days of submission. Out-of-state timelines and fee requirements vary; some offices require original wet signatures and specific margin formats.
3. Post-recording: Obtain a recorded copy, update insurance and tax billing to the trust/trustee, notify any HOA and lender as required, and add the property to the trust’s asset schedule.

Exceptions & Pitfalls

• Incorrect grantee line: Failing to name the trustee and trust (including date) can cloud title; use “Trustee of the [Trust Name] dated [date].”
• Notarization or recording defects: Missing acknowledgments or unrecorded deeds leave title in your individual name.
• Co-ownership issues: If property is owned jointly (including by spouses), all titleholders typically must sign the deed into the trust; special language may be needed to preserve marital protections.
• Lender and HOA provisions: Some mortgages or community documents require notice or consent; review before recording.
• Multi-state compliance: Each state has its own deed form, signing, and recording rules; use the correct form for the property’s state.
• Creditor concerns: Transfers made to hinder creditors can be challenged; timing and solvency matter.

Talk to a Estate Planning Attorney

If you’re dealing with titling homes in several states into a 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.