Short Answer

Use a deed that complies with the law of the state where the property sits to convey title from you (individually) to your revocable trust’s trustee, and record that deed in that county’s land records. A local real estate attorney in the property’s state should draft and record the deed (often a quitclaim or special warranty). Provide a short trust summary (a certification of trust) if requested, and update insurance and tax records. Doing this now helps avoid ancillary probate in that other state later.

Understanding the Problem

You want to know if you can move an out-of-state house or land into your already‑created revocable trust without court involvement. In North Carolina estate planning, the key decision is: can you sign and record a deed in the other state that validly transfers title to your trustee now? Here, one important fact is that your trust already exists; you need a local attorney where the property is located to prepare and record the deed.

Apply the Law

Under North Carolina trust law, trustees must take control of and clearly designate trust assets as trust property. But real estate transfers follow the law of the state where the land is located. In practice, that means you use that state’s deed form and recording rules to convey from yourself to your trustee, and you record in the county where the property lies. If you don’t retitle before death, your heirs may face an ancillary probate in that other state; funding the trust now usually avoids that.

Key Requirements

• Proper vesting: The deed names you as grantor and your trustee as grantee, with the trust’s full name and date (for example, “Jane Doe, Trustee of the Doe Revocable Trust dated…”).
• Use the right deed and formalities: Use the deed type and signing requirements mandated by the property’s state (legal description, witnesses/notary, any state‑specific forms).
• Record where the land sits: Record the deed with the county land records where the property is located and pay any transfer/recording taxes or fees.
• Show trustee authority: Be ready to provide a brief certification of trust or similar summary to the recorder or title company instead of the full trust, if required.
• Update related items: Notify your insurer, update tax mailing addresses, and address any lender, HOA, or title insurance requirements.

What the Statutes Say

• North Carolina Gen. Stat. § 36C‑8‑809 (Trustee duty to take control and protect trust property) – Trustees must take reasonable steps to control and protect trust assets.
• North Carolina Gen. Stat. § 36C‑8‑810 (Recordkeeping; earmarking trust property) – Trust property should be kept separate and designated as trust property.
• North Carolina Gen. Stat. § 28A‑26‑1 (Ancillary administration framework) – Describes how other‑state property can trigger separate probate if not otherwise handled.
• North Carolina Gen. Stat. § 28A‑17‑12 (Sales by heirs/devisees within two years) – Shows why post‑death transfers of real estate can be restricted and why advance planning helps.

Analysis

Apply the Rule to the Facts: Because your trust already exists, the task is to retitle the out-of-state property into the trustee’s name using that state’s deed and recording rules. Doing so satisfies the trustee’s duty to control and clearly designate trust assets. Recording the deed where the land sits and updating insurance and tax records helps avoid ancillary probate in that other state and keeps title clean for future sale or refinance.

Process & Timing

1. Who files: You (as current owner) sign the deed. Where: The county land records/recorder in the state and county where the property is located. What: A deed to trustee (often a quitclaim or special warranty deed), with full legal description and a certification of trust/affidavit of trustee authority if requested. When: As soon as practical; recording is effective upon acceptance by the recorder.
2. Local counsel prepares the deed to match that state’s witnessing/notary and transfer tax rules, obtains any needed HOA or lender confirmations, and submits for recording. Recording turnaround can vary by county.
3. After recording, update homeowners insurance to name the trustee, confirm title insurance coverage/endorsements, and update tax mailing addresses. Keep the recorded deed and trust certification with your estate plan.

Exceptions & Pitfalls

• Lender issues: Some mortgages have due‑on‑sale clauses; many allow transfers to a revocable trust if you remain a beneficiary and keep occupancy—confirm before recording.
• Homestead and tax exemptions: Moving title into a trust can affect homestead or property‑tax relief in the other state; have local counsel preserve exemptions where possible.
• Wrong grantee name: Use the trustee’s name with trust title and date; some states will not accept “the trust” as grantee.
• Missing legal description or formalities: The other state may require specific witnessing, notary wording, or state forms; errors can block recording or cloud title.
• Title insurance: Notify the title insurer and request any needed trust endorsements to keep coverage intact.

Talk to a Estate Planning Attorney

If you’re dealing with retitling out‑of‑state real estate into a revocable trust, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at .

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.