Sep82025
Probate Q&A Series

How do I confirm whether a building is held in the trust and retrieve the relevant deed information? – North Carolina

Short Answer

In North Carolina, ownership of a building is confirmed by the deed recorded with the County Register of Deeds where the property is located. Pull the most recent recorded deed; if the grantee is a trustee or a trust, the property is held in trust. Trust instruments are usually private and not recorded; a Certification of Trust can confirm trustee authority. If you are a beneficiary and cannot get information informally, you may petition the Clerk of Superior Court in a trust proceeding to compel it.

Understanding the Problem

You want to know whether a North Carolina building is titled to a decades-old trust and how to get the deed details when you no longer have the trust papers. This question sits in estate planning because it affects who can manage, sell, or refinance the property and how you coordinate your ongoing investments. The goal is to verify title in county land records and, if needed, obtain enough trust information to lawfully act.

Apply the Law

In North Carolina, land title is established by recorded instruments at the County Register of Deeds. When real estate is held in trust, the deed typically shows the grantee as “Name, Trustee” and may reference the trust by name and date. The trust instrument itself is generally not recorded; third parties customarily rely on a Certification of Trust to confirm the trustee’s identity and powers. Beneficiaries have a statutory right to information about the trust and its assets at reasonable intervals. If a trustee is unknown or uncooperative, trust proceedings can be filed with the Clerk of Superior Court to obtain information or directions.

Key Requirements

  • Check the correct county: Search the Register of Deeds in the county where the building sits; title is county-specific.
  • Pull the current deed: Use address, parcel ID, or owner index to find the latest deed; confirm whether the grantee is a trustee or trust.
  • Understand what’s recorded: The deed is recorded; the full trust instrument usually is not. A Certification of Trust can be used to confirm trustee authority.
  • Verify identifiers: Note the deed’s book/page and legal description; obtain a certified copy for transactions.
  • Beneficiary information rights: Qualified beneficiaries can request reports and information about trust property from the trustee.
  • Court route if needed: If information is refused or the trustee is unknown, file a trust proceeding with the Clerk of Superior Court to compel information or instructions.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because you no longer have the trust papers, start with county land records. Search the Register of Deeds where the building is located and pull the most recent deed; if it lists a trustee or a trust as grantee, that confirms trust ownership. Use the deed’s book/page and legal description to get a certified copy and coordinate with the tax office/GIS to verify the parcel. If you are a beneficiary and need trust details to manage investments, request a Certification of Trust or reports from the trustee; if you cannot identify or reach the trustee, petition the Clerk of Superior Court to compel information.

Process & Timing

  1. Who files: You or your attorney. Where: County Register of Deeds where the building sits. What: Search the grantor/grantee index or real estate index; request the latest deed and a certified copy by book/page or parcel ID. When: Same day in person or via many counties’ online portals.
  2. If you need trust details: Ask the trustee for a Certification of Trust and a beneficiary report identifying the property and trustee powers; many trustees can provide this within a short timeframe once contacted.
  3. If trustee is unknown/uncooperative: Who files: A qualified beneficiary or other party with standing. Where: Clerk of Superior Court (Estates Division) in the proper North Carolina county. What: File a verified petition in a trust proceeding and serve an ESTATE SUMMONS FOR TRUST PROCEEDING (AOC‑E‑150). When: After service, respondents generally have 10 days to answer in a trust proceeding before the Clerk.

Exceptions & Pitfalls

  • Searching the wrong county: Title is recorded only in the county where the land lies; check that Register of Deeds.
  • Trust vs. deed of trust confusion: A deed of trust is a loan security instrument; it does not show trust ownership. Look for the grantee on the warranty/quitclaim deed.
  • Indexing variations: Some deeds list only “John Doe, Trustee” without a trust name; read the entire deed and prior deeds in the chain for the trust reference.
  • Relying on tax/GIS alone: Tax records help locate parcels and owner names but are not proof of title; the recorded deed controls.
  • Privacy of trust: The full trust document is usually not recorded; ask for a Certification of Trust to confirm authority for transactions.
  • Service/notice traps: In court, ensure proper service using the AOC summons; failure to serve all necessary parties can delay relief.

Conclusion

To confirm whether a North Carolina building is held in a trust, pull the most recent recorded deed from the County Register of Deeds; if the grantee is a trustee or a trust, the property is trust-owned. The trust instrument is usually private, so request a Certification of Trust to verify the trustee’s powers. If the trustee will not cooperate or is unknown, file a trust proceeding with the Clerk of Superior Court and serve the AOC trust summons; respondents generally have 10 days to answer.

Talk to a Estate Planning Attorney

If you’re trying to verify whether a North Carolina property is titled to a trust and need the deed or trustee authority to manage investments, our firm has experienced attorneys who can help you understand your options and timelines. Contact us today to get started.

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.

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.