What’s the difference between updating a will versus updating a trust when both are part of the plan? – North Carolina

Short Answer

In North Carolina, updating a will usually means signing a new will (or a codicil) with the same formal witness requirements as the original will, and the updated will only controls what is still in the individual’s name at death and must go through the estate process. Updating a revocable trust usually means signing a trust amendment (or a full restatement), and the updated trust controls assets titled in the trust and can avoid probate for those assets. When both documents are part of the plan, the will and trust must be updated in a coordinated way so the trustee, backup trustees, and “pour-over” provisions still match.

Understanding the Problem

Under North Carolina estate planning, what changes when a person updates a will versus updates a trust when both documents are part of the same plan? When a married couple moved from another jurisdiction to North Carolina and wants to change the third successor trustee soon (and possibly make other changes later), the key decision point is which document actually controls that trustee role and which document controls the assets at death.

Apply the Law

In North Carolina, a will is a signed, witnessed document that directs what happens to property owned in an individual name at death and is carried out through the estate administration process (often through the Clerk of Superior Court). A revocable trust is a separate set of instructions that is typically managed by a trustee and is designed to hold and distribute trust-titled assets without a probate transfer for those assets. When a plan uses both, the will often includes “pour-over” language that sends certain probate assets into the trust at death, and the trust document (not the will) is usually where successor trustee order and trustee powers are defined.

Key Requirements

Follow the right formality for the document being changed: A will update generally requires will-level signing and witnessing; a trust update generally requires a written amendment or restatement signed as the trust requires (often with notarization, and sometimes with additional formalities depending on the trust’s terms and the type of property involved).
Update the document that actually controls the role or asset: Successor trustee changes belong in the trust (and sometimes also in related documents like a certification of trust or trustee acceptance), while executor changes belong in the will.
Keep the will and trust consistent: Names, successor order, and “pour-over” terms should align so the estate administration and trust administration do not point to different people or different instructions.

What the Statutes Say

N.C. Gen. Stat. § 31-3.3 (Attested written will) – Sets the core signing and witness requirements for an attested will in North Carolina.
N.C. Gen. Stat. § 31-5.1 (Revocation of written will) – Explains that revoking (and effectively replacing) a will generally must be done by a later will/codicil executed with will formalities or by a physical act done with intent to revoke.
N.C. Gen. Stat. § 31-47 (Testamentary additions to trusts) – Recognizes “pour-over” planning where a will devises property to a trustee and the trust terms (including later amendments) govern that property.

Analysis

Apply the Rule to the Facts: The planned change is to the third successor trustee, which is typically a trust administration role, so the trust document (and any trustee succession provisions inside it) is usually the place where that change must be made to be effective. If the will also names an executor (sometimes called a personal representative), updating the trust alone will not change who handles the probate estate; the will would need its own update for that. Because the documents were last updated in another jurisdiction and the couple now lives in North Carolina, it is also important that the updated documents use North Carolina-compliant signing steps and that the will’s pour-over language still points to the correct trust and trustee.

Process & Timing

Who files: No one files a will or a revocable trust update with the court while the person is living (in most situations). Where: The will is typically presented after death to the Clerk of Superior Court in the county where the decedent lived; the trust amendment is kept with the trust records. What: For a will update, the usual approach is a new will (or a codicil) signed with two competent witnesses. For a trust update, the usual approach is a written amendment or a full restatement signed as required by the trust’s amendment clause. When: The update can be done as soon as the decision is made; many people update the trust now for the successor trustee change and then do a broader “clean-up” restatement later if more changes are expected.
Coordinate the companion documents: If the plan includes a pour-over will, confirm the will still points to the correct trust name/date and that the trust’s successor trustee list matches the plan. If the plan includes powers of attorney, health care documents, or beneficiary designations, confirm they still fit the updated trustee structure.
Confirm implementation: After a trust update, confirm that major assets are titled the way the plan assumes (trust-titled assets follow the trust; individually titled assets follow the will and beneficiary designations). If the trust owns North Carolina real estate, confirm deeds and recording steps match the updated trust name and trustee.

Exceptions & Pitfalls

Changing the wrong role: Updating a trust to change a successor trustee does not automatically change the executor named in the will, and updating a will does not automatically change the trustee named in the trust.
Using the wrong method: Handwritten edits, “strike-throughs,” or informal notes can create disputes and may not be effective. A will change generally needs will-level execution steps, and a trust change must follow the trust’s own amendment instructions.
Mismatch between will and trust: If the will pours over to a trust name/date that no longer matches (for example, after a restatement), the plan can become harder to administer. Coordinated drafting avoids confusion for the Clerk of Superior Court, the executor, and the trustee.
Out-of-state documents after a move: A will or trust created elsewhere can still be usable, but moving to North Carolina is a common time to re-sign or rework documents so the execution format, definitions, and fiduciary provisions fit North Carolina practice.

Conclusion

In North Carolina, updating a will usually requires a properly executed new will (or codicil) with the required witnesses, and it mainly controls probate assets and executor instructions. Updating a revocable trust usually requires a written trust amendment or restatement, and it controls trust-titled assets and successor trustee provisions. When both are part of the plan, the documents must stay consistent—especially the pour-over language and fiduciary names. Next step: sign a trust amendment (or restatement) that updates the successor trustee provisions and then confirm the will still matches the trust.

Talk to a Estate Planning Attorney

If you’re dealing with updating a will and a trust after a move to North Carolina and need to change successor trustees without breaking the rest of the plan, 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.