Dec182025
Probate Q&A Series

How can I obtain a complete copy of the trust and a full asset list if I was only given a basic document without attachments? – North Carolina

Short Answer

In North Carolina, a qualified trust beneficiary can usually demand a copy of the trust instrument and reasonably complete, accurate information about the nature and amount of trust property, including supporting records. When the “trust copy” provided is missing schedules, attachments, or later amendments, a written request to the acting trustee for the complete instrument and a current trust asset list is often the first step. If a trustee will not provide required information, a court proceeding (often started in the clerk’s office or superior court, depending on the issue) can be used to compel disclosure.

Understanding the Problem

In North Carolina trust administration, the practical question is often: can a beneficiary or co-successor trustee require delivery of the complete trust paperwork (including schedules and amendments) and a full list of assets titled in the trust when only a shortened version or “basic” document has been provided. The issue usually comes up after a parent’s death when the trust is now being administered and trust-owned accounts or real estate must be identified, protected, and managed. The key trigger is that someone is acting as trustee and the trust owns (or is supposed to own) property that needs to be accounted for.

Apply the Law

North Carolina’s Trust Code requires trustees to keep records and to keep qualified beneficiaries reasonably informed. A trustee must provide reasonably complete and accurate information about the trust property at reasonable intervals, and must respond to a reasonable request from a qualified beneficiary by providing a copy of the trust instrument and information about the nature and amount of trust property. In practice, that means missing schedules, exhibits, and amendments usually cannot be withheld simply because the trustee previously handed out a “summary,” an excerpt, or an incomplete copy. The core forum for enforcing these rights is a trust proceeding in the General Court of Justice; depending on the issue, matters may be handled through the Clerk of Superior Court or the Superior Court Division.

Key Requirements

  • Qualified beneficiary status: The right to demand a copy of the trust instrument and information is strongest for a “qualified beneficiary” (generally, a beneficiary currently eligible to receive distributions or who would be if the trust ended).
  • Reasonable written request: The request should clearly ask for (1) the complete trust instrument (including all schedules/attachments and all amendments/restatements) and (2) reasonably complete and accurate information about the trust property (often delivered as an inventory/asset list plus supporting statements and deeds).
  • Trustee’s duties to inform, report, and maintain records: The trustee must keep adequate records and must allow reasonable inspection of trust records and documents relating to trust administration.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a parent who died with a trust and a will intended to fund the trust, with bank accounts and rental properties appearing to be titled in the trust and two co-successor trustees required to co-sign. Under North Carolina’s trustee information duties, a qualified beneficiary can make a reasonable request for the complete trust instrument, which typically includes any schedules (often where assets are listed), attachments, and later amendments. The trustee also must provide reasonably complete and accurate information about the nature and amount of trust property, which supports a request for a current asset list and access to bank statements, closing statements, leases, and deeds showing what is actually in the trust.

Process & Timing

  1. Who files: No court filing is required at first; a qualified beneficiary (and often a co-trustee) can start with a written demand. Where: Delivered to the acting trustee(s) at the trustee’s address for notices stated in the trust (or last known address if the trust is silent). What: A dated written request for (a) the complete trust instrument (all pages, schedules, exhibits, attachments, amendments, and restatements) and (b) a trust inventory/asset list as of date of death and a current list, plus supporting records (account statements, deeds, and liability documents). When: As soon as it becomes clear the trust copy is incomplete or assets cannot be identified.
  2. Use co-trustee mechanics to gather records: When two co-successor trustees must act jointly, the trust and North Carolina default rules often require unanimous action. If day-to-day information gathering is stalling administration, the co-trustees can sometimes agree in writing to delegate specific administrative functions (like maintaining inventories and collecting statements) so one trustee can do the legwork while both still co-sign for major actions.
  3. If information is withheld, escalate to court: If a trustee refuses to provide the complete instrument, an asset list, or reasonable inspection of records, the next step is typically a trust proceeding seeking an order compelling disclosure and (if needed) other relief tied to the trustee’s reporting and recordkeeping duties. The correct filing path can depend on the specific claim and local practice, so counsel usually confirms whether the Clerk of Superior Court or the Superior Court Division will handle the matter.

Exceptions & Pitfalls

  • Not every person is a “qualified beneficiary”: Some beneficiaries (for example, remote contingent beneficiaries) may not have the same statutory rights to copies and reports as qualified beneficiaries. Status can also change over time as distributions occur.
  • “Schedule A” may not be the real asset list: Many trusts have a funding schedule that was never updated, or assets were transferred later without updating the attachment. A complete asset picture usually requires records (deeds, account titles, beneficiary designations) in addition to any trust schedule.
  • Confusing trust assets with probate assets: Even when a will “pours over” to a trust, property does not become a trust asset until it is properly transferred. Some assets pass outside both the will and trust (for example, by beneficiary designation), so an asset list often requires careful categorization.
  • Bank access and co-sign rules: Financial institutions often require specific documentation to recognize successor trustees. If co-trustees are deadlocked, accounts can remain frozen even though the trust owns them.
  • Incomplete requests: Vague requests (“send everything”) can lead to delays. A targeted request listing categories of attachments and specific records (statements by month, deed book/page, leases, loan notes) tends to produce faster compliance.

Conclusion

North Carolina law generally requires a trustee to provide a qualified beneficiary, on reasonable request, a copy of the trust instrument and reasonably complete, accurate information about the nature and amount of trust property, with reasonable access to records. When a “basic” trust copy is missing attachments or schedules, the next step is to send a written request to the acting trustee for the complete trust (including all amendments and attachments) and a current trust asset list with supporting statements and deeds.

Talk to a Probate Attorney

If there is a trust after a parent’s death and only an incomplete copy was provided, our firm has experienced attorneys who can help clarify who must provide the full trust documents, what information can be requested, and how to enforce those rights if a co-trustee or trustee refuses. 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.