What steps are required to move a cabin titled in my parent and relative’s names into a trust? – North Carolina

Short Answer

In North Carolina, you must first confirm who legally owns the cabin today (including how the deceased co-owner’s share passed), then deed the property from the current owners to the trustee of the new trust and record that deed with the county Register of Deeds. If the deceased co-owner’s share did not pass by survivorship, the will typically must be probated (or heirs established) before anyone can sign on that share. After the trust is created, use a proper deed and a Certification of Trust to complete the transfer.

Understanding the Problem

You want to move a North Carolina family cabin into a trust. The title shows your parent and another relative as owners after a co-owner recently died. The key question is: can you deed the cabin into the trust now, or do you first need to clear the deceased co-owner’s interest?

Apply the Law

Under North Carolina law, co-owned real estate passes in different ways depending on how it was titled. A survivorship form of ownership (like tenancy by the entirety between spouses or a deed that expressly says “with right of survivorship”) lets the surviving owner take full title automatically. Otherwise, the deceased owner’s share passes by will or intestacy, which usually requires probate or other proof before that share can be conveyed. To fund a trust with real property, all current titleholders (or their legal successors) must sign and record a deed to the trustee in the county where the land lies.

Key Requirements

• Identify the current title: Review the recorded deed to confirm whether there was an express right of survivorship or a tenancy in common.
• Clear the deceased owner’s share: If no survivorship, probate the will or establish heirs so the correct successor(s) can sign.
• Create and staff the trust: Establish the trust document and name the trustee; have a Certification of Trust ready for recording parties.
• Prepare the deed to trustee: All current owners (or successors) sign a properly drafted deed conveying the cabin to “Trustee of the [Trust Name] dated [date].”
• Record and update: Record the deed with the county Register of Deeds; handle recording fees, any applicable excise tax, and update tax/HOA records.

What the Statutes Say

• North Carolina Gen. Stat. § 41-2 (Joint tenancy; survivorship) – Survivorship is not automatic; it must be expressly created in the deed.
• North Carolina Gen. Stat. § 39-13.6 (Tenancy by the entirety) – Spouses owning as tenants by the entirety have survivorship by law.
• North Carolina Gen. Stat. § 28A-15-2 (Vesting of real property) – Without survivorship, a decedent’s real property vests in devisees or heirs at death.
• North Carolina Gen. Stat. § 36C-10-1013 (Certification of trust) – A certification can confirm trust authority without recording the entire trust.

Analysis

Apply the Rule to the Facts: Because a co-owner died, first determine if the cabin was held with a right of survivorship. If so, the surviving owner now holds that share and can sign a deed to the trustee. If the deed did not expressly create survivorship, the deceased owner’s share passed by will or intestacy, so you’ll need probate (or heirship proof) before the proper successor can sign the deed to the trust. After the trust exists and the signers are identified, record the deed to the trustee in the county where the cabin sits.

Process & Timing

1. Who files: Current titleholders or successors. Where: Clerk of Superior Court (for any needed probate) and the county Register of Deeds (for recording the deed). What: If no survivorship, file the will for probate or use probate without qualification (AOC-E-199) to establish who holds the deceased owner’s share; then prepare a deed conveying the cabin to the trustee and include a Certification of Trust. When: After the trust is executed and the deceased owner’s share is legally cleared.
2. Record the deed: Take the signed, notarized deed to the county Register of Deeds; pay recording fees and any deed excise tax if applicable. Processing is usually same day to a few days, but timing can vary by county.
3. Wrap up: Update tax billing and insurance to the trustee’s name; keep certified copies of the recorded deed and store the Certification of Trust with your estate records.

Exceptions & Pitfalls

• If the deed does not expressly state survivorship, do not assume it exists; the deceased owner’s share usually cannot be conveyed without probate or heirship.
• All current owners (or their legal successors) must sign; one owner cannot unilaterally deed the entire property into the trust.
• If the property is or was owned by spouses as tenants by the entirety, survivorship applies by law, but confirm the grantees and marital status at the time of the original deed.
• Check mortgages, HOA covenants, and use restrictions; some require notice or consents before transfer. Transfers to a revocable trust are often permitted, but verify terms.
• Use the exact legal description from the last recorded deed; errors can delay recording or cloud title.

Talk to a Estate Planning Attorney

If you’re dealing with clearing a deceased co-owner’s share and deeding a North Carolina cabin into a new trust, 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.