Short Answer

Not until someone with legal authority signs for that trust’s ownership interest. In North Carolina, if a trust holds title but its trustee is missing or unwilling to act, you must either follow the trust’s built-in succession method or ask the Clerk of Superior Court to appoint a successor trustee or a special fiduciary. Once a new fiduciary is appointed and qualified, the deed for that share can be signed and the closing can proceed.

Understanding the Problem

You’re closing a North Carolina sale of inherited real estate. Title is split between two trusts and an individual, but a third trust also owns a share and its named trustee can’t be located. You need to know whether you can close without a trustee signing for that trust’s share, or how to get someone authorized to sign so the transaction can move forward.

Apply the Law

In North Carolina, a trust owns property through its trustee. If no trustee is available to act, the law provides ways to fill the vacancy or appoint a temporary fiduciary so the trust can sign conveyance documents. The Clerk of Superior Court has original jurisdiction over most trust administration proceedings, including appointing a successor trustee. Venue and notice rules apply, and respondents generally have a short window to respond once served.

Key Requirements

• Authority to sign: A deed of a trust-owned share must be signed by a duly serving trustee or a court-appointed special fiduciary for that trust.
• Fill the vacancy: If the trust has no acting trustee, fill the vacancy as the trust instrument directs; if none, the qualified beneficiaries may unanimously appoint; if that fails, seek a court appointment.
• Court power to help: The Clerk can appoint a successor trustee or, when needed, a special fiduciary and can issue interim orders to protect the transaction.
• Forum and venue: File the trust proceeding with the Clerk of Superior Court in the proper county based on the trust’s administration or beneficiary location.
• Notice and time to respond: Serve all necessary parties; respondents typically have 10 days to answer after service unless extended, which can affect closing timing.

What the Statutes Say

• North Carolina Gen. Stat. § 36C-7-704 (Vacancy in trusteeship; appointment) – Sets the order for filling a trustee vacancy and allows appointment of a special fiduciary.
• North Carolina Gen. Stat. § 36C-2-203 (Clerk’s jurisdiction over trust proceedings) – Gives the Clerk of Superior Court original jurisdiction to appoint or remove trustees.
• North Carolina Gen. Stat. § 36C-2-204 (Venue) – Identifies the proper county to file a trust proceeding.
• North Carolina Gen. Stat. § 36C-10-1001 (Remedies) – Authorizes the court to appoint a special fiduciary, suspend a trustee, or order other relief to protect trust property.

Analysis

Apply the Rule to the Facts: Because one trust’s named trustee cannot be found, no authorized person can sign the deed for that share. First, check the trust document for a named successor or a method to appoint one; if it allows the beneficiaries to appoint and they agree, you may avoid court. If no successor is available or beneficiaries cannot unanimously appoint, file a trust proceeding so the Clerk of Superior Court can appoint a successor trustee or special fiduciary. After appointment, that fiduciary can sign the deed for the trust’s share.

Process & Timing

1. Who files: A qualified beneficiary, cotrustee, or other interested party. Where: Clerk of Superior Court in the proper North Carolina county under the venue statute. What: Petition to appoint a successor trustee or special fiduciary; use the AOC-E-150 Estate Summons for Trust Proceeding for service. When: After filing and service, respondents generally have 10 days to answer; timelines vary by county.
2. Hearing before the Clerk; if the trust instrument doesn’t supply a successor and the beneficiaries cannot appoint, request the Clerk to appoint a successor trustee or, if time-sensitive for closing, a special fiduciary with authority to execute closing documents. Many Clerks can set a hearing within a few weeks, but local practices vary.
3. Obtain the signed order appointing the fiduciary and any qualification documents. Provide certified copies to the closing attorney and title insurer; the appointed fiduciary then executes the deed for the trust’s share so the closing can proceed.

Exceptions & Pitfalls

• If the trust instrument names a successor trustee or allows beneficiary appointment, use that path first—it is often faster than court.
• Do not try to close using beneficiary signatures in place of a trustee; the trust owns the share and a trustee or court-appointed fiduciary must sign.
• For trusts administered outside North Carolina, the Clerk may decline jurisdiction absent specific circumstances; confirm venue before filing.
• Service and representation matter: unknown or missing parties may require special representation, which can add time.
• Title insurers typically require certified copies of the appointment order and proof of the fiduciary’s authority; gather these before scheduling closing.

Talk to a Real Estate Attorney

If you’re dealing with a stalled closing because a trust’s trustee can’t be found, 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.