What steps should I take if my North Carolina property was not initially transferred into my trust?

When you create a trust in North Carolina, you intend to move certain assets—like your home—into that trust. If one of your properties never made it into the trust, you risk leaving that asset subject to probate and losing the benefits of trust administration. Here’s how to correct the mistake under North Carolina law.

1. Review your trust document and authority to amend

First, confirm that your trust is revocable and that you, as trustmaker (also called settlor), retain the power to amend or revoke it. Under North Carolina’s Uniform Trust Code, you may modify or terminate your trust if you hold that power. See N.C. Gen. Stat. § 36C-4-413 (ncleg.gov).

2. Prepare a corrective deed

You correct the title by preparing a deed that transfers the property into your trust. Often called a “corrective deed” or “deed of correction,” this document should reference the original deed’s book and page number. North Carolina law requires certain elements in a valid deed, including a proper legal description, signatures, and acknowledgments. For form requirements, see N.C. Gen. Stat. § 47-17 (ncleg.gov).

3. Sign and notarize according to North Carolina requirements

Sign the corrective deed before a notary public. North Carolina law also requires two subscribing witnesses if the deed conveys real estate. Make sure each witness is an adult who can attest to your signature. Follow all formalities under N.C. Gen. Stat. § 47-10 (ncleg.gov).

4. Record the new deed with the Register of Deeds

Take the fully executed corrective deed to the Register of Deeds office in the county where the property sits. Recording the deed puts third parties on notice of the trust’s ownership. Keep a certified copy for your records. See N.C. Gen. Stat. § 47-18 (ncleg.gov).

5. Update trust schedules and notify interested parties

After recording, update the schedule of trust assets. Provide copies of the recorded deed to any co-trustees, successor trustees, or beneficiaries so everyone knows the trust now holds title.

6. Consider a pour-over will (if the trustmaker dies before correction)

If you discover the omission after your death, your pour-over will can move the property into the trust through probate. A properly drafted pour-over will names the trust as beneficiary for any property outside the trust. Consult N.C. Gen. Stat. § 31-27.1 for will requirements.

Key Steps at a Glance

• Verify your authority to amend or revoke the trust (N.C. Gen. Stat. § 36C-4-413).
• Draft a corrective deed that cites the original deed’s details.
• Sign before a notary and two witnesses (N.C. Gen. Stat. § 47-10).
• Record the deed with the county Register of Deeds (N.C. Gen. Stat. § 47-18).
• Update trust schedules and inform trustees and beneficiaries.
• Use a pour-over will if correction after death becomes necessary (N.C. Gen. Stat. § 31-27.1).

Failing to transfer property into your trust can expose that asset to probate and delay your successor trustee’s ability to manage or distribute it. Taking prompt action protects your plan.

If you need help correcting a deed or updating your trust, turn to Pierce Law Group. Our attorneys know North Carolina trust and estate law. Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055.