Jan282026
Estate Planning Q&A Series

What rights do I have as a trust beneficiary to get information and updates from the trustee? – North Carolina

Short Answer

In North Carolina, a trust beneficiary generally has the right to reasonable information about the trust and how the trustee is administering it, including updates and (in many situations) an accounting. The trustee does not have to provide constant “play-by-play” updates, but the trustee should respond to reasonable requests and provide enough information for beneficiaries to protect their interests. If a trustee refuses to communicate or provide basic records, a beneficiary can ask the Clerk of Superior Court to step in and require information or an accounting.

Understanding the Problem

In North Carolina trust administration, the key question is: when a person is a beneficiary of a trust and a relative is acting as trustee (or other fiduciary), what information must the trustee share, and how often must the trustee provide updates? This issue often comes up after a death or a change in who is managing the trust, especially when a prior decision-maker (such as an agent under a power of attorney) is no longer involved and a new trustee takes over. The focus is on what information a beneficiary can request, what a trustee must provide without being asked, and what happens if the trustee does not respond.

Apply the Law

North Carolina trust law generally expects a trustee to keep beneficiaries reasonably informed about the trust and to provide information that is relevant to the beneficiary’s interest. The trustee’s duties are shaped by (1) the trust document itself and (2) North Carolina statutes that govern trust administration and court oversight. In most disputes about information, the main forum is the office of the Clerk of Superior Court in the county with proper venue for the trust matter, where a beneficiary can file a trust proceeding to request relief such as an accounting or an order requiring the trustee to provide information.

Key Requirements

  • Beneficiary status matters: The scope of information rights often depends on whether the person is a current beneficiary (with a present interest) versus a future or contingent beneficiary.
  • Reasonable request and relevance: Trustees typically must respond to reasonable requests for information that relates to the trust’s administration and the beneficiary’s interest (for example, assets on hand, major transactions, and distributions).
  • Accounting/records access: A trustee is generally expected to keep records and be able to show what came in, what went out, and why—often through an accounting or similar report, especially when requested or when there is a change in trustee.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, a parent has died, and the family’s trust-related decision-making has shifted to a different relative acting as fiduciary/trustee. In that situation, the beneficiary’s information rights usually turn on (1) whether the trust makes the beneficiary a current or qualified beneficiary, and (2) whether the requested information is reasonably connected to trust administration (assets, expenses, distributions, and major decisions). If the trustee is not providing meaningful updates, a written request for specific categories of information and a defined accounting period often clarifies whether the trustee is meeting basic duties.

Process & Timing

  1. Who files: A beneficiary (often a current beneficiary) or the beneficiary’s legal representative. Where: The Clerk of Superior Court in the appropriate North Carolina county. What: A trust proceeding asking the Clerk to order the trustee to provide information and/or an accounting, and to set deadlines for production. When: As soon as the trustee fails to respond to a reasonable written request within a reasonable time, or when a change in trustee or major trust event makes an accounting necessary.
  2. Before filing, a beneficiary commonly sends a dated written demand that lists the specific documents requested (for example, the trust instrument sections relevant to the beneficiary, an asset list, bank/brokerage statements, and a transaction summary) and proposes a reasonable deadline to respond. This step often matters because it shows the request was reasonable and gives the trustee a fair chance to comply.
  3. If the trustee still does not respond, the Clerk can require an accounting or other reporting and can address related issues such as whether the trustee’s actions are consistent with the trust terms and fiduciary duties.

Exceptions & Pitfalls

  • The trust document can limit or expand disclosures: Some trusts restrict what certain beneficiaries receive until a triggering event occurs, while others require regular accountings. The trust terms often control unless they conflict with mandatory rules.
  • Not every beneficiary gets the same level of detail: A contingent or remote beneficiary may not be entitled to the same routine reporting as a current beneficiary, especially if the information does not affect that person’s present interest.
  • Vague requests lead to delays: Asking for “everything” can invite objections. Targeted requests (trust document, inventory/asset list, statements, receipts/disbursements, and distributions) are harder to ignore and easier to enforce.
  • Confusing a power of attorney role with a trustee role: A power of attorney ends at death, but a trust can continue. Information rights depend on the trust relationship and beneficiary status, not on who held a power of attorney before the death.
  • Signing releases too early: Trustees sometimes ask beneficiaries to sign receipts, waivers, or releases. It is usually safer to review records and understand the accounting first, especially if the release would waive objections.

For more on practical steps when a trustee is not communicating, see getting the trustee to communicate and provide information and requesting trust records and account statements before signing anything.

Conclusion

In North Carolina, trust beneficiaries generally have the right to reasonable information about the trust and the trustee’s administration, and in many situations can request an accounting supported by records. The exact scope depends on the trust terms and whether the beneficiary has a current, enforceable interest. When a trustee will not provide meaningful updates after a reasonable written request, the next step is to file a trust proceeding with the Clerk of Superior Court asking for an order requiring information and/or an accounting, and to do so promptly if any trustee notice sets a short review deadline.

Talk to a Estate Planning Attorney

If you’re dealing with a trustee who is not providing clear information or updates about a North Carolina trust, our firm has experienced attorneys who can help explain what information should be available and what steps can enforce those rights. 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: 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.