Short Answer

In North Carolina, come prepared with a clear picture of your assets, how each is titled, and who is listed as a beneficiary. Be ready to name your trustee, successor trustees, and beneficiaries, and to discuss incapacity planning (powers of attorney and health care decisions). Bring recent account statements and real estate deeds so your attorney can plan funding steps (retitling and beneficiary updates). Trusts are private in North Carolina and are not filed with the Clerk of Superior Court.

Understanding the Problem

You’re asking what details you must provide for a North Carolina estate planning call focused on creating a revocable living trust. The goal is to gather enough information to design the trust terms and plan the funding steps so assets avoid probate. Your partner has no existing estate planning documents, so the intake will cover both the trust and related documents from scratch.

Apply the Law

Under North Carolina law, a revocable living trust is a private, flexible tool you can amend or revoke during life. It works only if it is properly funded—by retitling assets into the trust or naming the trust as beneficiary when appropriate. Many assets (like retirement accounts and life insurance) transfer by beneficiary designation and do not change hands through a trust unless you designate them to do so. Trusts are generally not filed with the Clerk of Superior Court; court involvement occurs only if a trust proceeding is needed. Deeds to real estate placed in a trust must be prepared and recorded with the Register of Deeds in the county where the property sits. If desired, North Carolina allows a court proceeding to validate a revocable trust during life. After death, a trustee has duties to keep beneficiaries reasonably informed.

Key Requirements

• People and roles: Full legal names, addresses, and contact information for the settlor(s), initial trustee, successor trustees, and beneficiaries.
• Asset inventory and titling: A current list of assets with how each is titled (individual, joint with survivorship, trust), plus recent statements or deeds.
• Beneficiary designations: Copies of beneficiary forms for life insurance, annuities, and retirement plans (IRA/401(k)), which pass outside probate unless changed.
• Real estate details: Recorded deeds and property descriptions for any North Carolina real estate you want in the trust (needed to prepare and record new deeds).
• Incapacity plan: Decisions about financial and health care powers (financial power of attorney, health care power of attorney, HIPAA release, living will).
• Special assets/constraints: Business interests, firearms, digital assets, loans owed to you, and any pledges or liens that could affect transfers.
• Distribution terms and timing: How and when you want beneficiaries to receive trust assets (outright, in stages, or for specific purposes like health and education).

What the Statutes Say

• North Carolina Gen. Stat. § 36C-6-602 (Revocation or amendment of revocable trust) – A revocable trust can be amended or revoked as provided in its terms or as allowed by statute.
• North Carolina Gen. Stat. § 36C-4C-4 (Contents of petition for revocable trust validity) – Allows a settlor to petition Superior Court to validate a revocable trust during life.
• North Carolina Gen. Stat. § 36C-8-813 (Duty to inform and report) – A trustee must keep qualified beneficiaries reasonably informed about administration.
• North Carolina Gen. Stat. § 41-2.1 (Joint accounts with right of survivorship) – Explains survivorship rules that can cause assets to bypass probate and your trust.

Analysis

Apply the Rule to the Facts: Because your partner is starting from scratch, expect the intake to cover both the trust and companion documents (pour-over will, financial and health care powers). You’ll need a complete asset list with titles and beneficiaries so the attorney can map what funds the trust versus what transfers by designation. Real estate requires recorded deeds to move into the trust, so bring copies of existing deeds. Since trusts are private and not filed with the court, the focus will be design plus funding.

Process & Timing

1. Who files: No court filing is required to create a revocable living trust. Where: You’ll work with your attorney’s office; any real estate deeds are recorded with the county Register of Deeds. What: Provide a current asset/beneficiary list, recent account statements, and recorded deeds; your attorney drafts the trust, pour-over will, and powers of attorney. When: Initial phone intake (midweek), then engagement and an in-depth intake form typically within days.
2. Design meeting to finalize roles and distribution terms; attorney drafts documents. Expect a review-turnaround of 1–3 weeks depending on complexity and scheduling.
3. Signing with required notarization/witnesses; then funding: record any real estate deeds, retitle select accounts to the trust, and update beneficiary designations. Recording and financial institution processing times vary by county and institution.

Exceptions & Pitfalls

• Unfunded trusts do not avoid probate—assets must be retitled to the trust or name it as beneficiary where appropriate.
• Retirement plans and many employer benefits generally cannot be retitled to a trust; use beneficiary designations (coordinate with tax advice).
• Joint accounts with survivorship and TOD/POD registrations bypass your trust unless changed; review and align titles with your plan.
• Capacity and undue influence concerns: your attorney may screen for decision-making ability and independence to help avoid future challenges.
• Trustee selection matters: choose someone able to keep beneficiaries informed and to manage assets prudently.
• Special assets (business interests, firearms, digital assets) may require added steps or documentation; disclose them during intake.

Talk to a Estate Planning Attorney

If you’re dealing with setting up a revocable living trust and want to know exactly what information to gather and how funding works, 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.