Short Answer

In North Carolina, you can create a new trust now to manage your business investments, even if you cannot locate the old trust documents. At the same time, confirm whether any existing assets (like real estate) are titled to the old trust; if so, you may need a court proceeding to appoint a trustee or determine the trust’s status so those assets can be retitled into the new trust. Procedures and timing vary by county, so act promptly.

Understanding the Problem

In North Carolina, how do you set up a new trust to manage business investments when you no longer have any documents for an older trust? You need a practical plan to establish a new trust and, if necessary, address any assets still tied to the missing trust. This FAQ focuses on that single decision point so you can move forward with your planning and asset management.

Apply the Law

North Carolina law allows you to establish a new trust at any time. If an existing asset is still titled in the name of an older (missing) trust, the Clerk of Superior Court can hear internal trust matters, including appointing a successor trustee or determining whether a trust exists, and a judge can address reformation or other changes if needed. Venue generally follows the trust’s principal place of administration, where beneficiaries reside, or where trust property is located. Respondents in a trust proceeding usually have a short response window after service.

Key Requirements

• New trust basics: Name a trustee, state your intent and beneficiaries, and sign a written trust; get it notarized as standard practice.
• Asset review: Verify how each asset is titled; if a deed or account lists the old trust, note the exact trust name and any trustee shown.
• Court help when needed: If no trustee can act for the old trust, seek a court appointment of a trustee or a determination about the trust’s existence.
• Funding and retitling: After the new trust is signed, retitle business interests and accounts; for real estate, record a deed into the new trustee’s name.
• Third-party cooperation: Use a certification of trust for the new trust to transact with banks and brokers without disclosing the full document.

What the Statutes Say

• North Carolina Gen. Stat. § 36C-2-203 (Trust proceedings; clerk’s jurisdiction) – Clerk handles internal trust matters; some issues go to superior court.
• North Carolina Gen. Stat. § 36C-2-204 (Venue) – County depends on principal place of administration, beneficiary residence, or property location.
• North Carolina Gen. Stat. § 36C-7-704 (Filling trustee vacancies) – Court can appoint a trustee when none can act.
• North Carolina Gen. Stat. § 36C-10-1013 (Certification of trust) – Summarized proof of a trust for banks, brokers, and others.

Analysis

Apply the Rule to the Facts: Because you lack any documents, start by drafting and signing a new trust so current and future business investments have a clear manager and successor plan. Then verify titles: if a building or account still shows the old trust, a trust proceeding with the Clerk of Superior Court can appoint a trustee or determine whether that trust exists. With an acting trustee in place, execute deeds or transfer documents to move assets into the new trust.

Process & Timing

1. Who files: You (as settlor) for the new trust; and, if needed, you or another interested party for a trust proceeding. Where: Clerk of Superior Court in a North Carolina county where the trust is administered, a beneficiary resides, or where the property sits (venue rules apply). What: New written trust; if court help is needed, file a verified petition and use Estate Summons for Trust Proceeding (AOC‑E‑150). When: After service, respondents typically have 10 days to answer; a party seeking transfer to superior court must serve notice within 30 days of service.
2. Gather records: pull the property deed from the Register of Deeds; get account title pages from banks/brokers; identify exact trust names and any listed trustee. Expect 1–4 weeks depending on the county and institutions.
3. Retitle assets: once a trustee can act, sign and record a deed for real estate and submit change-of-ownership paperwork for business interests and accounts. Use a certification of trust for the new trust to streamline transfers.

Exceptions & Pitfalls

• If the old trust’s principal place of administration is outside North Carolina, the Clerk may decline jurisdiction over objection; you may need to proceed where that trust is administered.
• Do not assume a trust exists based on past distributions; confirm by deed or account title. Misidentifying title can delay transfers.
• If no trustee can act and no document can be found, seek a court appointment of a trustee; without it, no one can sign deeds or transfer old-trust assets.
• For the new trust, use a certification of trust rather than giving third parties the full document; many institutions prefer it, but it does not replace missing documents in litigation.

Talk to a Estate Planning Attorney

If you’re dealing with a missing trust document while trying to protect business investments, 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.