Jan292026
Estate Planning Q&A Series

Does a trustee have to provide me a copy of the trust and an accounting of trust assets and expenses? – North Carolina

Short Answer

Often, yes—at least to certain beneficiaries. In North Carolina, a trustee generally must keep qualified beneficiaries reasonably informed about the trust administration and, when appropriate, provide information that lets them protect their interests, which commonly includes a copy of the trust (or the relevant portions) and an accounting or financial information on request. If the trustee refuses, a qualified beneficiary can often ask the Clerk of Superior Court (estate division) to order information, an accounting, or other relief.

Understanding the Problem

In North Carolina trust administration, the key question is whether the person requesting information is a trust beneficiary with the right to receive trust information, and whether the request is for information needed to understand what the trustee is doing with trust property. The issue usually comes up after a death or a change in who is acting as trustee, when a family member wants to confirm what assets are in the trust, what bills are being paid, and whether distributions are being handled according to the trust terms. The decision point is whether the requesting person is a “qualified beneficiary” (or acting for one) and is asking for trust terms and financial information connected to the trustee’s administration.

Apply the Law

North Carolina follows a version of the Uniform Trust Code. As a practical matter, trustees are expected to (1) identify who is entitled to information, (2) share enough of the trust terms to explain the trustee’s authority and the beneficiary’s rights, and (3) provide financial information (often in the form of an accounting) that shows trust assets, income, expenses, and distributions. Disputes are commonly handled through a trust proceeding before the Clerk of Superior Court in the county with proper venue, and the clerk can order a trustee to provide information or accountings when the law requires it.

Key Requirements

  • Standing (right to ask): The request usually must come from a beneficiary who is entitled to current or future distributions (often called a “qualified beneficiary”), or that person’s legal representative (for example, a guardian or agent acting under valid authority).
  • Scope (what must be provided): The trustee generally must provide information reasonably related to trust administration—commonly the trust document (or relevant portions) and financial records or an accounting showing assets, receipts, expenses, and distributions.
  • Reasonableness (timing and format): The trustee typically must respond within a reasonable time and in a reasonable manner. A trustee can sometimes limit disclosures that are not relevant, are overly burdensome, or would violate another person’s protected privacy interest, but the trustee still must provide enough information to allow beneficiaries to protect their interests.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a recent death in the family and a change in who is acting as fiduciary/trustee for a living grandparent’s trust. In that situation, the first step is confirming whether the requesting person is a beneficiary of the grandparent’s trust (or is acting as a legal representative for a beneficiary) and whether the trust is the type that triggers statutory reporting rules (for example, a custodial trust). If the requesting person is a qualified beneficiary (or a proper representative), North Carolina practice generally expects the trustee to share the trust terms needed to understand the trustee’s authority and to provide financial information that shows what assets exist and what expenses have been paid.

Process & Timing

  1. Who files: Typically a qualified beneficiary (or the beneficiary’s legal representative). Where: The Clerk of Superior Court (estate division) in the proper North Carolina county. What: A trust proceeding requesting an order compelling information and/or an accounting, and any other appropriate relief. When: After a written request to the trustee has been made and a reasonable time has passed without a meaningful response.
  2. Next step: The trustee is served and given a chance to respond. The clerk may set a hearing and may require the trustee to produce records, provide an accounting, or explain transactions, depending on what is disputed and what the trust requires.
  3. Final step: The clerk enters an order that can require disclosures, set deadlines for an accounting, address trustee compensation issues, or provide other instructions for administration.

Exceptions & Pitfalls

  • Not a qualified beneficiary: A trustee’s duty to share documents and accountings is strongest for qualified beneficiaries. If the requesting person is not a beneficiary (or not acting for one), the trustee may properly refuse.
  • Power of attorney confusion: A power of attorney generally ends at death, and it does not automatically give someone beneficiary rights in a separate trust. The right to information usually depends on beneficiary status (or valid representative authority) under the trust and North Carolina law.
  • Asking for the wrong thing: A request that is too vague (“all documents ever”) can slow things down. A focused written request (copy of trust, current asset list, bank/broker statements for a defined period, and a transaction summary) often gets better results.
  • Privacy and third-party information: Some trusts contain sensitive information about other beneficiaries. Trustees sometimes provide relevant portions rather than the entire document, but they still must provide enough information to explain the trustee’s authority and the beneficiary’s rights.
  • Delay without escalation: If a trustee ignores reasonable requests, waiting too long can make it harder to reconstruct transactions. When stonewalling continues, a clerk proceeding to compel information or an accounting may be the practical next step.

Conclusion

In North Carolina, a trustee commonly must provide qualified beneficiaries with enough information to understand the trust and monitor administration, which often includes a copy of the trust (or relevant portions) and financial information or an accounting showing trust assets, expenses, and distributions. The key threshold is whether the requesting person is a qualified beneficiary (or a proper representative) and whether the request is reasonably related to trust administration. A practical next step is to send a dated written request for the trust document and an accounting, and if trustee compensation notice is involved, be prepared to act within 20 days.

Talk to a Estate Planning Attorney

If a trustee is refusing to share the trust document or basic financial information, our firm has experienced attorneys who can help clarify beneficiary rights, make a proper written demand, and (if needed) pursue relief through the Clerk of Superior Court. 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.