What information do I need to prepare before a trust consultation? – North Carolina

Short Answer

Under North Carolina law, a valid revocable trust needs a capable settlor, a trustee, identifiable property, and clear intent to create the trust. For a productive consultation, assemble a family outline, fiduciary choices (trustees and successors), a current asset list with how each asset is titled and any beneficiary designations, real estate deeds, recent account statements, debts, and key documents (marital agreements, prior wills or trusts, powers of attorney, and digital asset/inventory info). Remote meetings and signings are fine, but deeds must be notarized and recorded to fund real estate into the trust.

Understanding the Problem

In North Carolina estate planning, a prospect wants to set up a revocable living trust through a free, remote consultation and remote signing. The decision point is: what information must be organized so the attorney can design the trust, select appropriate trustees, and create a plan to fund assets into the trust without court involvement?

Apply the Law

North Carolina recognizes revocable living trusts created by a settlor with capacity and intent, a trustee, and identifiable trust property. Living trusts do not require filing with the Clerk of Superior Court, and the clerk does not routinely supervise them. After signing, the plan works only if assets are properly titled to the trust or directed to it by beneficiary designations. A certification of trust allows sharing limited trust facts with banks or title companies instead of the full trust. Trustees must keep records and provide information to qualified beneficiaries during administration.

Key Requirements

• Capacity, intent, trustee, and property: A written trust with a capable settlor, an acting trustee, and identifiable assets.
• Trustee selection and acceptance: Choose initial and successor trustees who can accept the role and carry out duties in good faith.
• Funding plan: Identify which assets will be retitled to the trust (e.g., deeds for real estate) and which will pass by beneficiary designation.
• Use of a certification of trust: Share required trust facts with third parties without disclosing the full instrument.
• Beneficiary communication and records: Trustees must keep adequate records and provide information to qualified beneficiaries during administration.

What the Statutes Say

• North Carolina Gen. Stat. § 36C-4-401 (Methods of creating trust) – Recognizes creation by transfer to a trustee or declaration by an owner.
• North Carolina Gen. Stat. § 36C-6-602 (Revocation or amendment of revocable trust) – Describes how a settlor may revoke or amend.
• North Carolina Gen. Stat. § 36C-10-1013 (Certification of trust) – Allows a trustee to certify key facts in lieu of the full trust.
• North Carolina Gen. Stat. § 36C-8-813 (Duty to inform and report) – Requires trustees to furnish information to qualified beneficiaries.

Analysis

Apply the Rule to the Facts: A remote North Carolina trust consultation can move efficiently if the settlor brings the core elements the law anticipates: a clear list of assets (trust property), choices for trustee and successors, and intended beneficiaries (intent and plan). Because the Clerk of Superior Court does not supervise living trusts, the plan must include a practical funding roadmap (deeds for real estate, account retitling, and beneficiary updates) and the information needed to use a certification of trust with banks and title companies. Remote signing works, but deeds must be notarized and recorded to complete funding.

Process & Timing

1. Who prepares: Settlor with the estate planning attorney. Where: Remote video consultation (North Carolina). What: Complete a pre‑meeting intake and gather a family outline; trustee/successor names and contacts; asset list with titles/beneficiaries; recent statements; real estate deeds; loans; prior estate documents; marital agreements; and a digital asset inventory. When: Assemble before the scheduled consultation.
2. Drafting and signing: Attorney drafts the trust, pour‑over will, and ancillary documents. Sign the trust before a notary (common practice); sign the will with two witnesses. If funding real estate, sign a deed to the trustee for recording with the Register of Deeds. Timeframes vary by county for recording.
3. Funding and confirmations: Use a certification of trust to retitle bank/brokerage accounts and to work with custodians; update life insurance and retirement plan beneficiaries if appropriate; confirm each institution’s changes in writing and keep records for trustee reporting.

Exceptions & Pitfalls

• Unfunded trust: Failing to retitle assets or align beneficiary designations is a common cause of later disputes and missed probate‑avoidance goals.
• Trustee choice without acceptance: Pick trustees who will accept and can meet duties; confirm willingness and provide contact information.
• Poor records: Trustees must keep adequate records and provide information to qualified beneficiaries; build a simple tracking system from day one.
• Real estate gaps: A trust won’t own North Carolina real property until a notarized deed is recorded with the Register of Deeds.
• Overlooking spousal or family interests: Marital rights and existing beneficiary designations can affect the plan; collect marital agreements and current designation forms for review.

Talk to a Estate Planning Attorney

If you’re planning a revocable living trust and want to handle it remotely, 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.