Short Answer

In North Carolina, the cleanest way to cover both homes is to sign a valid will and a revocable living trust, then retitle each property into the trust by recording a deed to your trustee. The will should include a pour-over clause to catch any assets not in the trust. Coordinate your beneficiary designations and consider spousal rights, minor-child planning, and—if needed—a special needs trust so your plan works as intended and avoids avoidable probate steps.

Understanding the Problem

In North Carolina, how do you set up a will and a revocable trust that reliably cover two homes—your current residence and a beach house that is still being built—so your family has a clear, efficient plan?

Apply the Law

Under North Carolina law, a valid attested will requires specific signing formalities, and it can be made “self‑proved” so witnesses do not need to appear later. A revocable living trust lets you avoid probate for assets titled in the trustee’s name, but only if you fund it—real property must be conveyed to the trustee by a properly recorded deed in each county where the land sits. After death, the Clerk of Superior Court oversees probate; the named executor generally applies first, and if they do not act within 60 days, another interested person may apply with notice. Spousal elective-share rules, minor-child issues, and any special‑needs beneficiary must be addressed in the design.

Key Requirements

• Execute a valid, self‑proved will: Sign before two competent witnesses and use a self‑proving affidavit so probate is simpler.
• Create and fund a revocable trust: Sign the trust, then record deeds transferring your residence and beach property (or the beach lot while under construction) to your trustee at the applicable county Register of Deeds.
• Coordinate titles and beneficiary designations: Align life insurance and investment accounts by naming your trust or appropriate beneficiaries; consider transfer‑on‑death for securities and avoid naming minors outright.
• Plan for spouse and children: Address the surviving spouse’s elective‑share rights, nominate a guardian in your will for your minor child, and decide whether to benefit a stepchild expressly.
• Use a special needs trust if appropriate: If a beneficiary has or may have disabilities, route gifts to a third‑party special needs trust to preserve public benefits.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Attested will execution) – Sets the signing requirements for a valid written will.
• North Carolina Gen. Stat. § 31-11.6 (Self‑proved wills) – Allows wills to be self‑proved so witnesses need not testify later.
• North Carolina Gen. Stat. § 36C-6-602 (Revoking or amending a revocable trust) – Describes how revocable trusts are changed or revoked.
• North Carolina Gen. Stat. § 41-46 (Transfer-on-death securities) – Provides how securities can pass to a named beneficiary at death.

Analysis

Apply the Rule to the Facts: Because you own a home and are building a beach house, a revocable trust avoids a second probate step if each property is deeded to your trustee now (or purchased in the trustee’s name). Your will should pour over any assets left outside the trust and name a guardian for your minor child. Since you are married, build in a spousal plan that respects elective‑share rights; if you wish to benefit a stepchild, say so clearly. For accounts and life insurance, update beneficiaries—use the trust (or a special needs sub‑trust) rather than naming a minor directly.

Process & Timing

1. Who files: You (with your attorney). Where: Sign the will with two witnesses and a notary; record each deed to the trustee at the county Register of Deeds where the property sits. What: Revocable Living Trust agreement; Will with self‑proving affidavit; General Warranty or Quitclaim Deed conveying each home/lot to the trustee. When: Before or at closing for the beach house (or immediately after construction starts); record deeds promptly.
2. Who updates: You. Where: Each bank, brokerage, and insurer. What: Beneficiary, TOD/POD, and ownership forms so designations match the trust plan; if a special needs trust is used, list it as the beneficiary. When: Typically completed within a few weeks; confirm each change in writing.
3. Who files (after death): The named executor. Where: Clerk of Superior Court in the county of the decedent’s residence. What: AOC‑E‑201 (Application for Probate and Letters); the court issues AOC‑E‑304 (Certificate of Probate). If any real estate remains outside the trust and passes by will, the executor should file certified copies of the probated will in any other NC county where that real property lies. When: The executor may apply at any time; if the executor does not apply within 60 days, an interested person may apply on notice.

Exceptions & Pitfalls

• Unfunded trust: If you forget to deed either home to your trustee, that property must be handled through probate and extra filings in any county where it lies.
• Spousal elective share: A surviving spouse can claim a statutory share even against non‑probate transfers; consider a lifetime spousal trust that counts toward, and can satisfy, that share.
• Minor beneficiaries: Do not name minors outright on life insurance or accounts. Use your trust or, for small amounts, a UTMA designation to avoid a court‑appointed guardian of the estate.
• Special needs: To preserve benefits, route gifts for a beneficiary with disabilities into a third‑party special needs trust rather than paying the beneficiary outright.
• Witnessing defects: Missing any will‑execution step or the self‑proving affidavit can delay probate and require locating witnesses later.

Talk to a Estate Planning – wills, trusts, POA, taxes Attorney

If you’re dealing with how to use a will and trust to cover a primary residence and a beach house, 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.