Short Answer

In North Carolina, a qualified trust beneficiary can first make a written demand on the trustee for a complete report of trust property and transactions. If the trustee refuses or the response is incomplete, you can file a trust proceeding with the Clerk of Superior Court to order a formal accounting and, if needed, seek additional protections like a bond, suspension, or removal of the trustee. Testamentary trusts only account to the clerk if the will requires it or law otherwise applies.

Understanding the Problem

You want to know how, in North Carolina, you can require your sibling (serving as sole trustee) to provide a full accounting of the assets held in the trust. This question is squarely about beneficiary rights to information, how to enforce those rights, and where to do it—through the Clerk of Superior Court if informal requests fail.

Apply the Law

Under North Carolina law, trustees owe beneficiaries a duty to inform and report, including providing reasonably complete and accurate information about trust assets upon request. Routine accountings to the Clerk of Superior Court are not required for most trusts unless the governing instrument (especially a will creating a testamentary trust) directs otherwise. If a trustee will not comply, a beneficiary can ask the court to order an accounting and impose protective remedies. Trust contests (for example, alleging forgery or undue influence) have separate deadlines and procedures; some trust-contest timelines can be shortened by formal notice from the trustee, so act quickly if validity is at issue.

Key Requirements

• Standing as a qualified beneficiary: You must be a current distributee or permissible distributee of income or principal (or otherwise a qualified beneficiary) to demand information.
• Written demand to the trustee: Send a clear, dated request for a copy of the trust and a full report of assets, transactions, liabilities, and supporting records.
• Court enforcement if refusal: If the trustee does not respond or the response is inadequate, petition the Clerk of Superior Court to compel an accounting and, if needed, to require a bond, suspend, or remove the trustee.
• Forum and venue: File a trust proceeding before the Clerk of Superior Court in the county where the trust is administered or where a beneficiary resides; testamentary trusts can also anchor venue where the estate was administered.
• Testamentary trust special rule: If the will requires trustee accountings to the clerk, the trustee must qualify and file inventories and annual/final accounts like a personal representative; you can ask the clerk to enforce those filings.
• Deadlines to watch (validity challenges): Challenges to a revocable trust’s validity have short, statute-driven timelines that can be shortened by trustee notice; do not delay if you intend to contest authenticity.

What the Statutes Say

• North Carolina Gen. Stat. § 36C-8-813 (Duty to inform and report) – Trustee must provide beneficiaries reasonably complete and accurate information about trust property.
• North Carolina Gen. Stat. § 36C-10-1001 (Remedies for breach of trust) – Court may order an accounting, impose a bond, suspend, or remove a trustee.
• North Carolina Gen. Stat. § 36C-7-706 (Removal of trustee) – Lists grounds and procedure for removing a trustee.
• North Carolina Gen. Stat. § 36C-2-203 (Clerk’s jurisdiction over trust proceedings) – Clerk has original jurisdiction over internal trust matters, including ordering accountings.

Analysis

Apply the Rule to the Facts: Because your sibling is the sole trustee and you are a beneficiary, you can demand a full report of trust assets and transactions. If the trustee refuses or provides incomplete information, you can file a trust proceeding with the Clerk of Superior Court to compel an accounting and seek protections (bond, suspension, or removal) given your concerns about document manipulation. If the house, cash, or insurance proceeds are held by the trust, they belong in the trustee’s accounting; if assets should be in the estate instead, the personal representative may need to pursue recovery in the estate file.

Process & Timing

1. Who files: A qualified beneficiary. Where: Clerk of Superior Court (Estates Division) in the county of the trust’s principal place of administration or any beneficiary’s residence (testamentary trusts may also file where the estate was administered). What: Verified petition to compel accounting and for protective relief; serve an Estate Summons for Trust Proceeding (AOC‑E‑150). When: After a written demand to the trustee goes unanswered or is inadequate; respondents generally have 10 days to answer once served.
2. The clerk sets a hearing. Be prepared with your demand letter, any trust documents you have, beneficiary status, and reasons additional relief (bond, suspension) may be needed to protect assets. Scheduling varies by county.
3. The clerk may order a detailed accounting within a set timeline, require a bond, suspend or remove the trustee, or enter other protective orders. If the trust is testamentary and the will requires accounting to the clerk, you can also ask the clerk to enforce statutory inventory and annual/final account requirements.

Exceptions & Pitfalls

• Not a qualified beneficiary: If you lack qualified beneficiary status, you may still get information through court orders or discovery, but expect additional steps to establish your interest.
• Trust says “no accountings”: Terms limiting routine reports do not eliminate the court’s power to compel information needed to protect beneficiaries and enforce the trustee’s duties.
• Wrong forum or venue: Internal trust matters start with the Clerk of Superior Court. Monetary damages claims (breach of fiduciary duty, fraud) belong in Superior Court and can be consolidated if both are filed.
• Service errors: Use the AOC‑E‑150 summons and serve under Rule 4; respondents typically have 10 days to answer. Missing service steps delays relief.
• Estate vs. trust assets: Insurance payable to the trust and trust-titled property are trust assets. If estate assets were diverted into the trust, the personal representative may need to pursue recovery in the estate proceeding.

Talk to a Probate Attorney

If you’re dealing with a trustee who will not provide a full accounting, 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.