Short Answer

In North Carolina, real estate and other assets you want to avoid probate must be retitled into your revocable trust before death. Property already set to pass automatically—like a home owned by spouses with rights of survivorship or as tenants by the entirety—already skips probate at the first death, but changing that title can affect creditor protections. Out-of-state real estate should almost always be placed in the trust to avoid a second (ancillary) probate. Keep minor guardianship nominations in a will and use the trust to manage assets for children.

Understanding the Problem

You’re asking, for North Carolina estate planning, which properties should be titled to your revocable trust to avoid probate and which should remain outside the trust. You and your spouse own property jointly and also bought a property for a parent that will go into the parent’s trust. You want probate avoidance, control for a minor child, and thoughtful handling of an estranged adult child.

Apply the Law

North Carolina law treats some assets as “non‑probate” already, such as real estate owned by spouses with rights of survivorship or as tenants by the entirety, and bank accounts or securities with a valid survivorship or beneficiary designation. Assets titled in your individual name with no beneficiary generally require probate unless you retitle them to your revocable trust during life. Real property changes of title are done by recording a deed with the county Register of Deeds; there’s no court filing for trust funding. If you own real estate in another state, leaving it outside the trust can trigger a separate ancillary probate in that other state. A revocable trust does not avoid a surviving spouse’s elective share rights, and moving a tenancy‑by‑the‑entirety home into a trust may impact that form’s creditor protection—review before you record.

Key Requirements

• Fund the trust during life: Retitle NC real estate and other probate‑prone assets to your trustee before death to avoid probate.
• Know what already skips probate: Property titled with survivorship (JTWROS/TBE) and accounts with pay‑on‑death/beneficiary designations typically bypass probate.
• Preserve protections when changing title: Moving a TBE home into a trust can affect TBE creditor protection; confirm structure before deeding.
• Avoid ancillary probate: Place out‑of‑state real estate into your trust to prevent a second probate outside North Carolina.
• Guardianship vs. trust: Name a minor’s guardian in a will; use the trust to manage assets for the child.

What the Statutes Say

• North Carolina Gen. Stat. § 39-13.6 (Tenancy by the entirety) – Spousal real estate form with survivorship and unique creditor treatment.
• North Carolina Gen. Stat. § 41-2 (Joint tenancy with right of survivorship) – Allows survivorship ownership when expressly created.
• North Carolina Gen. Stat. § 41-2.1 (Multiple‑party accounts) – Addresses survivorship on bank accounts and limited estate recapture for claims.
• North Carolina Gen. Stat. § 28A-26-1 (Ancillary administration) – Separate probate is needed to pass title to a nonresident’s NC real estate and vice‑versa.

Analysis

Apply the Rule to the Facts: Your jointly titled NC properties may already avoid probate at the first death, but they won’t be under your trust’s control and the TBE creditor shield can change if you deed them into a trust—review before retitling. The property bought for your parent belongs in the parent’s trust; transfer title to the parent’s trustee so records match the real intent and to avoid probate on your side. Use your revocable trust to hold any individually owned real estate or new purchases so your plan controls distributions for your minor child and addresses your estranged adult child.

Process & Timing

1. Who files: You (through your attorney). Where: Register of Deeds in each NC county where the property sits. What: Record a deed (e.g., General Warranty or Quitclaim) titling the property to “[Your Name], Trustee of the [Trust Name] dated [date].” When: Before death; allow 1–3 weeks to draft, sign, and record.
2. For out‑of‑state real estate, prepare and record that state’s required deed to your trustee; timelines vary by state and county.
3. After recording, update insurance, tax mailing addresses, and your trust’s asset schedule; keep proof of funding with your estate plan.

Exceptions & Pitfalls

• TBE trade‑offs: Deeding a tenancy‑by‑the‑entirety home into a trust may alter its creditor protection; confirm structure before changing title.
• Joint accounts: Survivorship bank accounts may bypass probate but can be pulled back to pay estate debts in limited cases; don’t rely on them alone for your full plan.
• Out‑of‑state property: Leaving it outside the trust can force ancillary probate; funding the trust avoids that extra proceeding.
• Parent’s house: If you hold title now, deed it to your parent’s trustee to match ownership with intent; coordinate gift and tax reporting with your advisors.
• Spousal rights: A revocable trust does not avoid the surviving spouse’s elective share; plan distributions with that in mind.
• Minor children: A trust can manage money for a minor, but you still need a will to nominate a guardian of the person.

Talk to a Estate Planning Attorney

If you’re dealing with how to title property between a revocable trust and non‑probate options, 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.