Feb42026
Probate Q&A Series

How does trust administration work when a company is named as trustee and the beneficiaries haven’t been contacted yet? – North Carolina

Short Answer

In North Carolina, a corporate trustee generally takes control of trust assets after the settlor’s death, pays appropriate expenses, and then makes distributions under the trust’s terms. Even if beneficiaries have not been contacted yet, the trustee still has ongoing fiduciary duties, including acting in good faith and providing information to qualified beneficiaries at reasonable intervals and upon request. If communication stalls, North Carolina law provides ways to make a formal information request and, if needed, ask the Clerk of Superior Court to step in.

Understanding the Problem

When a parent dies in North Carolina and a company is named as trustee, the main question is how the trust administration is supposed to start and what happens when the beneficiaries have not been contacted. The key decision point is whether the corporate trustee has accepted and begun acting as trustee (or is temporarily safeguarding assets while deciding whether to accept). Timing matters because trust administration often begins immediately after death, even if no court case has been opened.

Apply the Law

North Carolina follows a version of the Uniform Trust Code. After the death of the person who created a revocable trust, the trust typically becomes irrevocable and the trustee’s job shifts from following the settlor’s instructions to carrying out the trust terms for the beneficiaries. A corporate trustee has the same core fiduciary duties as an individual trustee, including administering the trust in good faith, managing trust property prudently, protecting trust assets, and keeping qualified beneficiaries reasonably informed. Many trust disputes and administration issues are handled through proceedings filed with the Clerk of Superior Court (rather than a full civil trial at the outset), although the right forum can depend on the issue.

Key Requirements

  • Trustee authority and acceptance: The corporate trustee must have authority under the trust instrument (and typically must accept the role) before it can fully administer and distribute trust property.
  • Fiduciary administration: The trustee must administer the trust in good faith and in the beneficiaries’ interests, using reasonable care to manage and protect trust assets.
  • Duty to inform and report: The trustee must provide complete and accurate information about trust property to qualified beneficiaries at reasonable intervals and must respond to qualified beneficiary requests for information (including providing a copy of the trust when requested).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a North Carolina parent’s death, a belief that most assets are in a trust, and a corporate trustee that has not yet communicated with the family. If the company has accepted trusteeship, it should be identifying and securing trust assets, gathering date-of-death information, and preparing to provide information to qualified beneficiaries at reasonable intervals and upon request. If the company has not accepted yet (or is only temporarily safeguarding assets), communication can lag while internal intake occurs, but the trust still needs an acting trustee and beneficiaries still have rights to information once they are qualified beneficiaries.

Process & Timing

  1. Who initiates contact: A qualified beneficiary (or someone acting for a minor/incapacitated beneficiary) or the person handling the decedent’s affairs. Where: Directly with the corporate trustee’s trust department (in writing). What: A dated written request asking the trustee to confirm (i) that the trust exists, (ii) the trustee’s name and contact information, and (iii) a copy of the trust instrument and current trust asset information. When: As soon as the death occurs and the trustee is identified.
  2. Trustee’s administration phase: The trustee typically collects information, secures accounts, values assets, addresses expenses and claims that the trust is responsible for, and then plans distributions under the trust terms. The trustee is not required to pre-announce every transaction, but it must keep qualified beneficiaries reasonably informed and provide reports at reasonable intervals.
  3. If the trustee will not respond: The next step is often a targeted trust proceeding asking the Clerk of Superior Court for relief such as compelling information/accounting, confirming trusteeship, or addressing administration problems. The correct filing and procedure can vary by county and by the specific relief requested.

Exceptions & Pitfalls

  • Not everyone is a “qualified beneficiary”: North Carolina’s information rights focus on qualified beneficiaries. A trustee may ask for proof of identity and relationship before releasing documents.
  • Corporate trustee intake delays: A company trustee often requires a death certificate, identification, and internal review before opening a trust administration file. Delays can happen, but long silence should be addressed in writing and escalated.
  • Confusing probate with trust administration: Some assets may still require an estate (probate) administration even if “most assets” are in trust. A lack of response from the trustee does not automatically mean probate is unnecessary or that the trust controls every asset.
  • Missing the right forum: Many trust administration disputes in North Carolina are handled through the Clerk of Superior Court. Filing in the wrong place or asking for the wrong remedy can slow things down.

For more on beneficiary information rights and practical steps when a trustee is not communicating, see what rights a trust beneficiary has to get information and updates and how to get the trustee to communicate and provide information.

Conclusion

In North Carolina, a corporate trustee administers a trust after death by securing trust property, following the trust terms, and carrying out fiduciary duties like good-faith administration and keeping qualified beneficiaries reasonably informed. A lack of early contact does not eliminate those duties, but the trustee may require documentation before releasing information. The most practical next step is to send a written request to the corporate trustee for confirmation of trusteeship and a copy of the trust, and then consider a Clerk of Superior Court proceeding if the trustee still does not respond.

Talk to a Probate Attorney

If you’re dealing with a corporate trustee that has not contacted the family after a death, our firm has experienced attorneys who can help clarify beneficiary rights, request the right documents, and act quickly if court involvement becomes 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.