Jul292025
Probate Q&A Series

What legal process should beneficiaries follow to remove an unresponsive trustee under North Carolina trust and probate law?

1. Detailed Answer

Under North Carolina law, beneficiaries who face a trustee’s unresponsiveness can petition a court to remove that trustee. North Carolina adopted the Uniform Trust Code, which governs duties, removal, and replacement of trustees. Key steps include:

1. Review the Trust Document. Begin by reading the trust agreement. It may include specific procedures or grounds for trustee removal.

2. Gather Evidence of Unresponsiveness. Document missed reporting deadlines, failure to provide accountings, and any refusal to communicate. Under Chapter 36C of the North Carolina Uniform Trust Code, a trustee must keep beneficiaries reasonably informed (G.S. 36C-5-502).

3. Attempt Informal Resolution. Send written requests for information and accountings. If the trustee still fails to respond, include a deadline and warn of a court petition.

4. Prepare and File a Court Petition. File in the superior court of the county where the trust was administered or where property is located (G.S. 36C-1-105). In your petition, state why the trustee’s removal serves the beneficiaries’ best interests.

5. Serve Notice on Interested Parties. Give notice to the trustee and all beneficiaries. North Carolina law requires notice of the hearing date and grounds for removal.

6. Attend the Hearing. Present evidence showing the trustee’s failure to fulfill duties. The court evaluates whether removal is in the trust’s and beneficiaries’ best interests under G.S. 36C-8-802.

7. Court Decision and Replacement. If the court removes the trustee, it may appoint a successor trustee or allow beneficiaries to nominate one. The court ensures a smooth transition so trust administration can resume without further delay.

2. Key Steps for Beneficiaries

  • Review the trust agreement for removal provisions.
  • Document instances of unresponsiveness or mismanagement.
  • Send formal written demands for accountings and communication.
  • File a petition for removal in the proper North Carolina superior court.
  • Provide all required notices to the trustee and beneficiaries.
  • Attend the court hearing and present your case.
  • Work with the court to appoint a new trustee if removal succeeds.

Conclusion and Call to Action

Removing an unresponsive trustee requires careful preparation and strict compliance with North Carolina’s trust statutes. At Pierce Law Group, our attorneys guide beneficiaries through each step, ensuring the trust’s administration resumes properly. If you face an unresponsive trustee, contact Pierce Law Group today. Email us at intake@piercelaw.com or call (919) 341-7055.

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.