Nov172025
Estate Planning Q&A Series

Can we change trustees, beneficiaries, or guardians in our living trust as our children grow up? – North Carolina

Short Answer

Yes—under North Carolina law, a revocable living trust can be amended or revoked during the settlor’s lifetime, which allows changes to trustees and beneficiaries. Follow the amendment method in the trust, or use a signed writing delivered to the trustee if the trust is silent. Changing a child’s legal guardian is not done in a trust; parents typically nominate guardians in wills, and a Clerk of Superior Court makes the official appointment when needed.

Understanding the Problem

In North Carolina, can a married couple using a revocable living trust change who serves as trustee and who inherits (beneficiaries), and also update who would care for minor children (guardians), as those children mature? The decision point is whether the couple can adjust roles and inheritances over time while keeping the plan flexible and probate‑averse.

Apply the Law

North Carolina’s Uniform Trust Code allows a revocable trust to be amended or revoked during the settlor’s lifetime. The trust document usually specifies how to amend; if not, a signed writing delivered to the trustee that clearly shows intent will work. For a jointly created trust, each spouse can generally amend as to property he or she contributed, unless the trust says otherwise. Replacing a trustee can be done by amendment or under default rules; if there is a dispute, the Clerk of Superior Court can remove a trustee for cause. Guardians for minor children are nominated in wills; the clerk makes the appointment when a guardianship becomes necessary.

Key Requirements

  • Trust remains revocable: Changes to trustees and beneficiaries must occur while the trust is revocable and the settlor has capacity.
  • Follow the amendment method: Use the procedure in the trust; if silent, use a signed writing delivered to the trustee showing clear intent to amend.
  • Joint trust nuances: When spouses create/fund the trust, each can generally amend as to that spouse’s contribution unless the trust requires both to consent.
  • Trustee changes documented: Have the outgoing trustee resign/be removed, appoint the successor, and update a Certification of Trust for banks and title work.
  • Guardians via wills: Nominate guardians for minor children in properly executed wills; a trust can express preferences but does not appoint the legal guardian.
  • After divorce: Provisions favoring a former spouse in a revocable trust are typically revoked by law.

What the Statutes Say

Analysis

Apply the Rule to the Facts: A married couple creating a revocable living trust can keep flexibility by using the trust’s amendment clause to change successor trustees or update beneficiary shares as their minor children grow. Because legal guardianship for children is not appointed in a trust, the couple should execute wills that nominate guardians; the Clerk of Superior Court makes that appointment if needed. If a trustee later refuses to step aside or is not performing, a petition to the Clerk can address removal and appointment of a successor.

Process & Timing

  1. Who files: Settlors. Where: No court filing is required to amend a revocable trust. What: Trust Amendment or complete Restatement, plus trustee Resignation/Acceptance and an updated Certification of Trust. When: Any time while the trust is revocable and the settlors have capacity.
  2. If a trustee won’t cooperate or there’s cause to remove, file a petition to remove/appoint a trustee with the Clerk of Superior Court in a proper venue. Timeframes vary by county and case complexity.
  3. For guardians, sign wills nominating primary and alternate guardians for minor children. The appointment occurs later, if needed, by the Clerk of Superior Court.

Exceptions & Pitfalls

  • An agent under a power of attorney can amend or revoke a trust only if expressly authorized; even then, changing who inherits at death is restricted.
  • Joint trusts may require both spouses to consent to certain changes; check the trust’s amendment clause.
  • Listing guardians only in a trust is not enough; use wills to nominate guardians.
  • After a divorce, North Carolina law generally revokes provisions favoring a former spouse; review and update the plan promptly.
  • When changing trustees, notify banks/title companies with an updated Certification of Trust; retitle assets if needed to avoid funding gaps.

Conclusion

In North Carolina, a revocable living trust is designed for flexibility: trustees and beneficiaries can be changed by following the trust’s amendment method or, if silent, by a signed writing delivered to the trustee. Guardians for minor children should be nominated in wills, not in the trust. The practical next step is to sign a trust amendment (or restatement) and execute wills to update guardians—do this while the trust remains revocable and all decision‑makers have capacity.

Talk to a Estate Planning Attorney

If you’re dealing with updating trustees, beneficiaries, or guardian nominations as children grow, 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: Estate Planning 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.