Jan222026
Probate Q&A Series

How can I get the trustee to communicate and provide information about the trust administration? – North Carolina

Short Answer

In North Carolina, a trustee generally must keep qualified beneficiaries reasonably informed and must provide trust information and reports at reasonable times. A practical first step is a clear written demand for specific documents and a deadline to respond. If the trustee still will not communicate, a beneficiary can file a trust proceeding with the clerk of superior court to compel information and an accounting, and in more serious situations may seek removal of the trustee through the court.

Understanding the Problem

In North Carolina trust administration, the key question is: when a trust beneficiary asks the trustee for information about what is happening with the trust after the person who created the trust has died, can the beneficiary require the trustee to respond and share records. The actor is the trustee, and the duty is to communicate and provide trust information to beneficiaries who are entitled to receive it. The trigger is a beneficiary’s request for information during administration, especially when distributions, expenses, or asset management decisions are occurring and the beneficiary cannot get basic answers.

Apply the Law

North Carolina trust law imposes a duty on trustees to keep certain beneficiaries informed and to provide reports and information at reasonable intervals. In practice, this usually means a trustee should respond to reasonable requests for trust documents and financial information, and should provide periodic reporting that shows what the trust owns and what has happened during the reporting period. When a trustee refuses to communicate, North Carolina provides a court-supervised process—often handled as a trust proceeding before the clerk of superior court—to compel information and address administration problems.

Key Requirements

  • Beneficiary status matters: The right to information is strongest for “qualified beneficiaries” (often current distributees or permissible distributees, and sometimes remainder beneficiaries depending on the trust’s terms and timing).
  • The request must be reasonable and specific: Trustees do not have to provide unlimited, unfocused information on demand, but they generally must provide meaningful trust information and allow reasonable access to records.
  • Court enforcement is available: If informal requests fail, a beneficiary can ask the clerk of superior court (in a trust proceeding) to order the trustee to provide information and accountings; more serious conduct may require a separate superior court case for damages-type claims.

What the Statutes Say

Note: North Carolina’s Uniform Trust Code also addresses a trustee’s duty to inform and report and the clerk’s authority in trust proceedings. Because statute numbering and applicability can depend on the type of trust and the specific relief requested, an attorney typically confirms the exact sections that fit the situation before filing.

Analysis

Apply the Rule to the Facts: Here, the beneficiary has been told they are a trust beneficiary, but the trustee (who is also an attorney and related to other beneficiaries and the estate’s executor) is difficult to reach and is not providing information. Under North Carolina practice, that pattern often supports a written demand for core trust documents and a basic administration update, followed by a trust proceeding if the trustee continues to ignore reasonable requests. The family relationships do not automatically prove wrongdoing, but they can increase the importance of getting clear records and a transparent accounting.

Process & Timing

  1. Who initiates: A qualified beneficiary (or a beneficiary acting through counsel). Where: Typically with the Clerk of Superior Court in the North Carolina county with proper venue for the trust proceeding. What: A written demand first, then (if needed) a filed trust proceeding asking the clerk to order the trustee to provide information and an accounting. When: As soon as communication breaks down—especially before signing any receipt, release, or consent.
  2. Next step: The trustee is served and given an opportunity to respond; the clerk may schedule a hearing. If the dispute requires broader civil discovery or seeks money damages for misconduct, the matter may need to be filed (or transferred) as a civil action in superior court.
  3. Final step: The clerk (or judge, depending on the issue) can enter an order requiring production of information, approving or requiring an accounting, and in appropriate cases addressing trustee conduct (including potential replacement if the legal standard is met).

Exceptions & Pitfalls

  • Trust terms may limit routine reporting, but not accountability: Some trusts try to reduce formal accountings. Even then, courts can require information needed to enforce beneficiary rights, and trustees still must act in good faith.
  • Not every beneficiary has the same access rights: A remainder beneficiary’s rights can differ from a current distributee’s rights. Clarifying “qualified beneficiary” status early helps avoid unnecessary fights.
  • Vague requests get vague responses: A demand that asks for “everything” can be easier to ignore or resist. A focused list (copy of trust, asset list, statements, receipts/disbursements summary, and a proposed timeline for distributions) is more effective.
  • Do not sign away rights too early: Trustees sometimes request a receipt and release in exchange for a distribution. Signing before reviewing records can limit later options.
  • Forum mismatch: Internal-administration relief (like compelling an accounting) is often handled as a trust proceeding before the clerk, while damages-based claims (fraud, negligence, breach of fiduciary duty seeking money) may require superior court.

Conclusion

In North Carolina, a trustee generally must keep qualified beneficiaries reasonably informed and provide meaningful trust information and reports at reasonable times. When a trustee will not communicate, the usual path is (1) a clear written request for specific documents and an administration update, then (2) a trust proceeding with the clerk of superior court to compel information and an accounting if the trustee still refuses. The most important next step is to send a documented written demand and be ready to file promptly if deadlines (including short review windows tied to notices) apply.

Talk to a Probate Attorney

If dealing with a trustee who will not communicate or share basic trust information, our firm has experienced attorneys who can help clarify beneficiary rights, request the right records, and take court action when necessary. 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: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.