How can we set up a revocable living trust for our home along with a will as a couple? – North Carolina

Short Answer

In North Carolina, a couple usually sets up a revocable living trust for a home by (1) signing a written trust agreement that names the trustees and beneficiaries and explains how the home should be handled during life and after death, (2) signing a deed that transfers the home into the name of the trustee(s) of the trust, and (3) signing “pour-over” wills that direct any assets left outside the trust at death into the trust.

The trust controls what happens to trust property, while the wills act as a backstop and also name guardians for minor children. The key step that makes the plan work is funding the trust—especially recording the new deed for the home in the county Register of Deeds.

Understanding the Problem

In North Carolina estate planning, the decision point is often: can a married couple create a revocable living trust for a primary residence and still have wills that work alongside that trust? The goal is usually to have a clear written plan for who manages the home during life, who can step in if a spouse cannot act, and who receives the home after death. The question also includes how the home actually gets placed under the trust’s control and how a will should be drafted to match the trust plan.

Apply the Law

North Carolina allows property to pass at death through a will into a trust (often called a “pour-over” arrangement), and it also recognizes conveyances of property “to a trust” as a conveyance to the trustee(s) of that trust. In practice, a revocable living trust plan for a home requires (1) a valid written trust agreement and (2) a valid deed transferring the home to the trustee(s) of that trust, which is then recorded in the county where the property is located. The wills typically serve as a safety net to transfer any probate assets into the trust and to address items a trust does not handle well (like naming guardians for minor children).

Key Requirements

A written trust agreement with the right people named: The trust should name the settlor(s) (the people creating it), the trustee(s) (the people managing it), successor trustee(s), and the beneficiaries. For couples, the document should also say how the trust works when both spouses are living and what happens when the first spouse dies and then when the second spouse dies.
Funding the trust by transferring the home into it: The trust does not control the home unless the home is titled in the trustee(s) name for the trust. This usually requires a new deed from the couple (as current owners) to the trustee(s) of the trust and recording it with the Register of Deeds.
Wills that match the trust (often “pour-over” wills): Each spouse typically signs a will that directs remaining probate assets into the trust at death and names an executor. The will and trust should use consistent names, dates, and successor decision-makers so the plan works as one system.

What the Statutes Say

N.C. Gen. Stat. § 31-47 (Testamentary additions to trusts) – Allows a will to leave property to a trustee of a trust (including a revocable trust) so the trust terms control how that property is administered.
N.C. Gen. Stat. § 39-6.7 (Construction of conveyances to or by trusts) – Treats a transfer “to a trust” as a transfer to the trustee(s), supporting deeds that place real estate into a trust structure.

Analysis

Apply the Rule to the Facts: When no specific facts are provided, a common couple’s plan in North Carolina is to create a single joint revocable trust (or two coordinated trusts) that names both spouses as initial trustees and names a successor trustee to act if a spouse cannot or does not want to serve. The next essential step is to move the home into the trust by signing and recording a deed to the trustee(s) of the trust. Each spouse then signs a will that “pours over” any assets left outside the trust into the trust at death, so the trust plan still controls those assets after probate.

Process & Timing

Who files: The spouses (as current owners) sign the trust and the new deed; the deed is then recorded. Where: The deed is recorded in the Register of Deeds for the North Carolina county where the home is located. What: A written revocable trust agreement; a deed transferring the home to the trustee(s) of the trust; and coordinated wills (often “pour-over” wills). When: The deed should be recorded soon after signing so the home is actually owned by the trustee(s) during life.
Align the “people roles” across documents: The trust should name current trustees, successor trustees, and beneficiaries; the wills should name executors and can direct probate assets into the trust. Couples usually also confirm that beneficiary designations on accounts (if any) do not conflict with the trust plan.
Keep the plan working over time: The trust can usually be amended while revocable, but the plan still depends on proper titling. A good maintenance step is to check major assets periodically to confirm whether they are in the trust, payable to the trust, or intentionally kept outside the trust.

Exceptions & Pitfalls

Not funding the trust: The most common failure point is creating a trust agreement but never recording a deed into the trustee(s) name for the trust. In that situation, the trust may not control the home.
Mismatch between deed, trust, and wills: Differences in the trust name/date, the trustee names, or the plan for first death/second death can create delays and disputes. Consistency across all documents matters.
Lender and insurance follow-up: After a transfer to a trust, mortgage servicers and homeowners insurance carriers often need updated records. Ignoring post-transfer paperwork can lead to avoidable administrative problems.
Role confusion for couples: A couple must decide whether to use one joint trust or separate trusts and how decisions get made if one spouse is unavailable. The trust should clearly state who can act and when.
Plan gaps that a will covers: A trust does not replace the need for wills in many couples’ plans because wills often handle items the trust may not, including naming guardians for minor children and providing a probate “catch-all” through a pour-over clause.

Conclusion

In North Carolina, a couple can pair a revocable living trust for a home with coordinated wills by signing a written trust agreement, transferring the home into the trust by a new deed to the trustee(s), and using pour-over wills to send any remaining probate assets into the trust at death. The key threshold is whether the home is actually titled in the trustee(s) name for the trust, which usually requires recording the deed with the county Register of Deeds. The next step is to prepare and record the deed after the trust is signed.

Talk to a Estate Planning Attorney

If a couple is dealing with setting up a revocable living trust for a home and matching wills under North Carolina law, our firm has experienced attorneys who can help explain options, document choices, and timing. 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.