Short Answer

In North Carolina, a qualified beneficiary can file a trust proceeding with the Clerk of Superior Court asking for an order compelling the trustee to provide the trust instrument and a full accounting. The clerk can set a hearing, apply select civil procedure rules, and order remedies if the trustee does not comply, including further orders or removal. The trustee typically has 20 days after service of the estate-matter summons to respond. If you also seek money damages, you must proceed in Superior Court or consolidate the matters.

Understanding the Problem

In North Carolina probate and trust practice, you want to know how you can make a trustee share your parent’s trust records and what to do when the trustee ignores written requests. You are asking whether you (as a beneficiary) can force action now, through the Clerk of Superior Court, and what happens if the trustee remains silent after being served. Here, one salient fact is that the trustee is your sibling and has not answered prior demand letters.

Apply the Law

North Carolina law requires trustees to keep adequate records and to inform and report to qualified beneficiaries. A qualified beneficiary (for example, a current or remainder beneficiary) may petition the Clerk of Superior Court in a trust proceeding to compel a copy of the trust and an accounting. Venue is generally where the trust is administered or where a beneficiary resides. After filing and service with the estate-matter summons, the trustee generally has 20 days to answer before a hearing is noticed.

Key Requirements

• Standing: You must be a qualified beneficiary (current distributee, permissible distributee, or a remainder beneficiary) with a legitimate need for trust information.
• Trustee’s reporting duty: The trustee must keep records, provide a copy of the trust on reasonable request, allow inspection of trust records, and provide periodic reports/accountings.
• Proper forum and venue: File a trust proceeding with the Clerk of Superior Court; venue is usually the county of the trust’s principal place of administration or any county where a beneficiary resides.
• Procedure and timing: Start with a petition; the clerk issues an estate-matter summons; service follows Rule 4; the trustee has 20 days to respond; then the clerk can set a hearing.
• Available remedies: Orders compelling an accounting and document production, orders requiring bond, limiting actions, removal for cause, fees/costs, and injunctions to preserve assets.
• Damages claims: Monetary damages for breach of trust belong in Superior Court, but the trust proceeding can be consolidated or coordinated to avoid duplication.

What the Statutes Say

• N.C. Gen. Stat. § 36C-8-813 (Trustee’s duty to inform and report) – Requires recordkeeping, providing trust copies, and reporting to qualified beneficiaries.
• N.C. Gen. Stat. § 36C-2-205 (Trust proceedings procedure) – Describes clerk procedures, summons, applicable civil rules, and timing.
• N.C. Gen. Stat. § 36C-2-204 (Venue) – Sets where to file based on trust administration or beneficiary residence.
• N.C. Gen. Stat. § 36C-10-1001 (Remedies for breach of trust) – Authorizes orders compelling accountings, reducing compensation, and other appropriate relief.

Analysis

Apply the Rule to the Facts: Because the trustee is your sibling and has not responded to demand letters, and you appear to be a qualified beneficiary, you can petition the Clerk of Superior Court to compel a copy of the trust and an accounting. The trustee’s duty to inform and report supports this request. If the trustee still refuses after an order, the clerk can consider stronger remedies (including bond, limiting authority, or removal). If you later seek monetary damages for breach, that portion should be filed or consolidated in Superior Court.

Process & Timing

1. Who files: A qualified beneficiary. Where: Clerk of Superior Court in the county where the trust is administered or where a beneficiary resides in North Carolina. What: Petition in an estate matter to compel a copy of the trust and a trustee accounting, with requests for related relief (e.g., inspection, bond, injunction, fees). Ask the clerk to issue an Estate Proceedings Summons (AOC form) for service. When: After service under Rule 4, the trustee typically has 20 days to answer.
2. After the answer period, notice a hearing before the clerk. Be ready with exhibits showing your beneficiary status and prior requests. If there is risk of dissipation, request interim relief (e.g., an order to preserve assets, bond, or a temporary injunction) pending a full accounting. Scheduling practices vary by county; hearings are often set within several weeks once noticed.
3. At or after the hearing, expect a written order requiring production of the trust instrument and a detailed accounting by a date certain. Noncompliance can lead to further orders, fees/costs, restrictions on the trustee, or removal. If you also allege damages, file or join a related Superior Court action and seek consolidation so the judge can address both matters together.

Exceptions & Pitfalls

• If the trust instrument limits routine accountings, the court can still order information reasonably needed to enforce beneficiary rights; the trustee’s duty of good faith and to inform cannot be used to shield misconduct.
• The clerk can order accountings and regulate internal trust affairs, but monetary damages for breach of trust must be pursued in Superior Court; consider consolidation to avoid duplication.
• If the trust’s principal place of administration is outside North Carolina, the clerk may decline jurisdiction over objection unless justice would be impaired; confirm the proper venue before filing.
• Service missteps delay relief: use the estate-matter summons and serve under Rule 4. After 20 days, request a hearing date from the clerk.
• Trustee is also the agent under a power of attorney: you may file a separate petition to compel the agent’s accounting under the Power of Attorney Act if information about pre-trust or non-trust transactions is needed.
• Standing depends on your status (current or remainder beneficiary) and, if the trust is revocable and the settlor is competent, some rights may run primarily to the settlor. Tailor the petition to your status.

Talk to a Probate Attorney

If you’re dealing with a trustee who won’t provide your parent’s trust records or an 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.