How do I update my will and trust to change a successor trustee? – North Carolina

Short Answer

In North Carolina, changing a successor trustee is usually done by signing a written trust amendment (or a full restatement) that follows the amendment rules already written into the trust. Updating the will is typically done by signing a new will (or, in limited cases, a codicil) with the same formalities required for a valid will—generally a signed writing witnessed by at least two competent witnesses. The safest approach is to update both documents together so the trustee language, “pour-over” provisions, and backup appointments stay consistent.

Understanding the Problem

Under North Carolina estate planning, the core question is: can an existing will and trust be updated so a different person (or institution) is named to step in as successor trustee, without unintentionally changing other parts of the plan. This issue usually comes up when a married couple has older documents, the originally named backup trustee is no longer a good fit, and the couple wants a clean way to make the change now while keeping the option to make more updates later. The decision point is whether the trust can be amended under its own terms and whether the will should be replaced (or amended) so the overall plan stays aligned.

Apply the Law

In North Carolina, a will must be executed with specific formalities to be valid, and changes to a will must follow those same formalities. A revocable trust is typically changed by following the amendment method stated in the trust document (often a signed written amendment, sometimes with notarization and other steps). If a trustee vacancy or dispute arises and the trust document does not provide a workable method, North Carolina courts can appoint or replace a trustee through a court process.

Key Requirements

Follow the document’s amendment/appointment instructions: A trust often contains a specific method for changing trustees (and for amending the trust). Using the wrong method can create confusion about who has authority.
Use the correct signing formalities: A will update must be executed like a will—generally a signed writing with at least two competent witnesses. Many people also choose a self-proving affidavit to reduce probate proof issues later.
Keep the will and trust consistent: If the will “pours over” assets into the trust or references trustee roles, the will should match the updated trust so there is no conflict about who serves and when.

What the Statutes Say

N.C. Gen. Stat. § 31-3.3 (Attested written will) – Sets the core execution rules for an attested will, including the two-witness requirement and signing/acknowledgment steps.
N.C. Gen. Stat. § 31-11.6 (Self-proved wills) – Allows a will to be made “self-proved” through a notarized affidavit process, which can simplify proving the will later.
N.C. Gen. Stat. § 23-22 (Court may remove trustee and appoint successor) – Provides a court mechanism to address trustee vacancies or problems when a successor needs to be supplied.

Analysis

Apply the Rule to the Facts: Here, [CLIENT] and [SPOUSE] already have wills and a trust from a prior year and want to change the successor trustee. The cleanest way to do that is usually a written trust amendment (or restatement) that updates the successor trustee section and any related “how a successor takes over” language. Because the wills may reference the trust plan (directly or indirectly), updating the wills at the same time helps avoid a mismatch where the will points to an older structure or outdated backup decision-makers.

Process & Timing

Who files: No filing is usually required just to amend a revocable trust or sign a new will while living. Where: The signing typically happens privately, often in an attorney’s office in North Carolina. What: A written Trust Amendment (or Trust Restatement) naming the new successor trustee, plus updated wills (often new wills rather than a patchwork of changes). When: As soon as the decision is made—there is no benefit to waiting if the current successor trustee choice is no longer acceptable.
Execution step: The wills must be signed with the formalities required by North Carolina law, including at least two competent witnesses. Many plans also include a self-proving affidavit so the will can be admitted to probate with fewer proof problems later.
Implementation step: The updated documents should be stored so the right version can be found quickly. If the trust holds real estate or other titled assets, the successor trustee change may also require updating internal records and, in some situations, coordinating with financial institutions’ requirements for recognizing the successor trustee when the time comes.

Exceptions & Pitfalls

Using the wrong tool (codicil vs. new will): While a codicil can work for limited changes, multiple amendments over time can create inconsistencies and increase the chance of mistakes. Many families choose a new will so there is one clean document to probate.
Not following the trust’s amendment method: Some trusts require specific language, signatures, notarization, or delivery steps to the trustee. Skipping the trust’s required method can lead to disputes about whether the successor trustee change is valid.
Conflicts between documents: If the will names one person to handle estate administration and the trust names a different person to manage trust assets, the plan can still work, but it should be intentional and coordinated. Unintentional conflicts can cause delays and friction.
Backup planning gaps: Naming only one successor trustee (with no second backup) can create a problem if that person cannot serve when needed, which may force a court process to fill the vacancy.
Trying to “hand-edit” signed documents: Marking up a signed will or trust by handwriting changes can create serious validity questions. Updates should be done through properly executed documents.

Conclusion

In North Carolina, changing a successor trustee is usually handled by a written trust amendment (or restatement) that follows the trust’s own amendment rules, and updating a will generally requires signing a new will (or a properly executed codicil) with at least two competent witnesses under state law. To keep the plan consistent, the most reliable next step is to sign a trust amendment naming the new successor trustee and execute updated wills at the same time, before any incapacity or death triggers the old successor trustee provisions.

Talk to a Estate Planning Attorney

If you’re dealing with updating older wills and a trust to change a successor trustee, 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.