Dec82025
Probate Q&A Series

Can I send a copy of the will to the named trustee now to get information about fees and how the trust will be set up? – North Carolina

Short Answer

Under North Carolina law, a personal representative may generally share a probated will with the named trustee of a testamentary trust so the trustee can understand the trust terms, discuss compensation, and plan administration. The will itself controls how the trust will be structured, while trustee fees are either set by the will or must be reasonable under statute. Coordination with the estate’s attorney is important so disclosure stays consistent with the probate file and any family or confidentiality concerns.

Understanding the Problem

The core question is whether, in a North Carolina probate estate that creates a testamentary trust, the personal representative can send a copy of the will to the person or institution named as trustee before the trust actually begins to operate in order to obtain information about fees and how the trust will be set up. The situation typically involves an estate already opened with the clerk of superior court, a will that has been admitted to probate, and siblings or other beneficiaries who want clarity about what the trustee will charge and how assets will be managed once they move from the estate into the trust. The timing issue is whether any North Carolina rule blocks sharing the probated will with the future trustee during ongoing estate administration.

Apply the Law

North Carolina law treats a duly probated will as the governing document for any testamentary trust it creates, and it allows a trustee to receive reasonable compensation if the will does not set a specific fee. The main forum for probate and related trust questions is the office of the clerk of superior court in the county where the estate is administered, and key timing points include the 90-day inventory deadline for the personal representative and later accountings as the trust comes into existence.

Key Requirements

  • Probated will creating the trust: The will must have been admitted to probate and must clearly create the testamentary trust and name a trustee or a method for appointing one.
  • Trustee’s authority and compensation: The trustee’s powers and duties come from the will and North Carolina trust law; if the will is silent on fees, the trustee is entitled to reasonable compensation based on statutory factors.
  • Communication consistent with fiduciary duties: The personal representative should manage information-sharing in a way that supports proper administration, respects any privacy concerns, and aligns with what is filed or will be filed with the clerk (such as inventories and accounts).

What the Statutes Say

Analysis

Apply the Rule to the Facts: In the described North Carolina estate, the will has already been filed and creates a testamentary trust, with a specific trustee named. Sharing a copy of this probated will with the named trustee so the trustee can review the trust terms, outline a proposed fee structure, and describe how the trust will be administered is generally consistent with proper administration. The trustee needs that information to apply the statutory “reasonable compensation” factors and to plan for which assets will move into the trust after probate, even though joint and payable-on-death accounts may not become trust assets unless needed to pay claims.

Process & Timing

  1. Who files: The personal representative (executor or administrator with will annexed). Where: Clerk of Superior Court, Estate Division, in the North Carolina county where the decedent resided. What: Estate is opened and the original will is probated; the personal representative files the 90-day inventory and later accountings. When: The inventory is typically due within 90 days of qualification, and accountings follow as required by Chapter 28A.
  2. Once the estate is open and the will is of record, the personal representative may provide the named trustee with a copy of the probated will and any relevant portions of the inventory showing assets intended for the testamentary trust, so the trustee can propose a fee (or confirm the fee in the will) and outline the anticipated trust structure. This planning often occurs while the estate is still gathering information about joint accounts and payable-on-death assets.
  3. After debts, claims, and administration expenses are resolved, the personal representative transfers the appropriate assets from the estate into the testamentary trust and documents that transfer in a final or interim account. The trustee then administers the trust under the will’s terms and, if the will does not fix compensation, may follow the statutory notice process for trustee fees before paying itself from the trust.

Exceptions & Pitfalls

  • If the will sets a specific trustee fee formula or states that the trustee serves without compensation, that language usually controls and changes may require court involvement or beneficiary consent.
  • Sending inconsistent or partial documents (for example, draft inventories or unfiled schedules) to the trustee can cause confusion if they do not match what is filed with the clerk.
  • Misunderstanding the treatment of joint accounts and payable-on-death or transfer-on-death assets can lead to incorrect assumptions about what will actually fund the trust; those assets may bypass the trust unless needed to pay estate claims.
  • Failure by the trustee to give clear written notice of compensation, where required, can open the door to later challenges before the clerk about the reasonableness of fees.

Conclusion

In a North Carolina probate estate that creates a testamentary trust, the personal representative may ordinarily give the named trustee a copy of the probated will so the trustee can evaluate the trust terms, address proposed compensation under North Carolina’s reasonable-fee rules, and plan administration. The will remains the controlling document for how the trust will be structured and funded. The most important next step is for the personal representative to coordinate with the estate’s attorney before sending documents, so the information provided to the trustee matches the probate filings and respects the timing of the 90-day inventory and later accountings.

Talk to a Probate Attorney

If an estate in North Carolina probate involves a testamentary trust and there are questions about sharing the will with the named trustee, trustee fees, or which assets will fund the trust, our firm has experienced attorneys who can help clarify the 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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.