Short Answer

Yes—under North Carolina law, a qualified beneficiary can demand the trust instrument and an accounting, and a court can order a nonresponsive trustee to provide them. If the trust came from a will, you can also get a copy of the probated will from the Clerk of Superior Court. If no will has been filed but one exists, you can ask the Clerk to compel its production.

Understanding the Problem

You’re in North Carolina and want to know if you can make a trustee share trust documents when they won’t return calls or messages. You’re trying to confirm what the will says, whether probate was required, and what the trust’s terms are so you can understand your options regarding property held by the trust. The key decision is how you, as a beneficiary, can obtain the will and trust documents from the correct office or from the trustee.

Apply the Law

North Carolina’s Uniform Trust Code requires trustees to keep qualified beneficiaries informed and to provide copies of the trust instrument and periodic reports upon request. Proceedings about a trust’s internal administration—such as compelling an accounting or production of documents—are filed with the Clerk of Superior Court. If the trust was created by a will (a testamentary trust), the will is part of the estate file at the Clerk’s office after probate and is available to the public. If a will exists but has not been produced, the Clerk can issue a summons to compel its production.

Key Requirements

• Standing as a beneficiary: You must be a qualified beneficiary to demand the trust instrument and reporting.
• Trustee’s duty to inform: On request, the trustee must provide a copy of the trust, let you inspect records, and furnish reports about assets, transactions, and values.
• Forum and venue: Petitions to compel a trustee to provide information or account are filed with the Clerk of Superior Court in the proper county.
• Will access: If a will was probated, copies are available from the Clerk’s office. If a will exists but is being withheld, you can seek an order compelling its production.
• Response timeline in trust proceedings: After service of the summons in a trust proceeding, respondents generally have 10 days to answer, subject to extensions the Clerk may allow.

What the Statutes Say

• North Carolina Gen. Stat. § 36C-8-813 (Trustee’s duty to inform and report) – Beneficiaries may obtain trust information, including a copy of the trust instrument and reports.
• North Carolina Gen. Stat. § 36C-2-203 (Trust proceedings; Clerk’s jurisdiction) – The Clerk of Superior Court has original jurisdiction over internal trust matters.
• North Carolina Gen. Stat. § 28A-2A-4 (Compel production of a will) – The Clerk can summon a person to produce a decedent’s will.
• North Carolina Gen. Stat. § 28A-2A-13 (Probated wills retained by Clerk) – Probated wills stay on file with the Clerk as public records.

Analysis

Apply the Rule to the Facts: You report that a trust holds property you inherited, and the trustee will not respond. As a qualified beneficiary, you can request a copy of the trust and an accounting; if the trustee continues to ignore you, you can file a trust proceeding with the Clerk to compel disclosure. Because you only have partial pages of the will and don’t know the executor, first check the Clerk’s estate records in the county where probate likely occurred; if the will was probated, you can obtain a full copy. If a will exists but was never produced, you can ask the Clerk to compel its production so you can confirm whether the will created a testamentary trust and how it affects the property you hope to partition.

Process & Timing

1. Who files: The beneficiary. Where: Clerk of Superior Court in the proper North Carolina county for trust proceedings. What: A verified petition to compel the trustee to provide the trust instrument and an accounting; the Clerk issues an Estate Summons for Trust Proceeding (AOC‑E‑150). When: After your written demand goes unanswered; once served, the trustee typically has 10 days to answer.
2. The Clerk sets a hearing. Timeframes vary by county. The Clerk can order the trustee to produce the trust, provide records, and deliver an accounting; the Clerk may also issue subpoenas and other appropriate orders.
3. If the will was probated, request a certified copy from the Clerk’s estates division. If you believe a will exists but is being withheld, file an application by affidavit asking the Clerk to compel production of the will. The Clerk issues a summons to the person believed to possess it.

Exceptions & Pitfalls

• If you are not a qualified beneficiary, the trustee may decline to share the full trust instrument and instead offer a certification of trust to third parties.
• If the trust’s principal place of administration is outside North Carolina, the Clerk may decline the case over a party’s objection; venue and jurisdiction must be correct.
• Partition actions typically require current, co-owned title. If the trust holds legal title, you generally cannot partition directly; you may need trust instructions, distributions, or other relief before pursuing partition.

Conclusion

In North Carolina, a qualified beneficiary can require the trustee to provide the trust instrument and an accounting. If the trustee will not respond, file a trust proceeding with the Clerk of Superior Court to compel disclosure; if a will created the trust, obtain the probated will from the Clerk or seek an order compelling its production if it is being withheld. Next step: file a petition with the Clerk to compel the trustee to produce the trust and an accounting, and request the will from the estates file.

Talk to a Partition Action Attorney

If you’re dealing with a nonresponsive trustee and need trust documents to evaluate options for property in a 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.