Short Answer

In North Carolina, you create a revocable living trust by signing a written trust agreement and then retitling assets into the trust. For your home, record a deed transferring title to you as trustee with the county Register of Deeds. For your car, apply with NCDMV to retitle the vehicle to you as trustee and bring trust documentation. Also sign a pour-over will to capture anything left outside the trust.

Understanding the Problem

You want to know how, in North Carolina, a single person with no spouse can set up a revocable living trust and move a house and a vehicle into it. The goal is to create the trust correctly and ensure title to the home and car is placed in the trustee’s name so the trust actually controls those assets.

Apply the Law

Under North Carolina law, a revocable trust is formed by a settlor signing a trust instrument that names a trustee, successor trustee, beneficiaries, and the terms for management and distribution. The trust does nothing until it is funded, which means changing titles to the trustee’s name. Real estate is funded by recording a deed with the county Register of Deeds; a vehicle is funded by retitling through NCDMV. You do not file the trust with the court. Optional court involvement includes pre-death validation of a revocable trust in Superior Court. A conveyance of real estate is effective against third parties when the deed is recorded, so timely recordation is the practical threshold to watch.

Key Requirements

• Signed trust agreement: A written revocable trust that names you as settlor and trustee, a successor trustee, and your beneficiaries; you can amend or revoke it while you are alive and have capacity.
• Fund the trust by changing titles: Record a deed transferring your home to “you, as trustee” at the Register of Deeds; retitle your car with NCDMV to the trustee, providing trust documentation if requested.
• Safety net documents: Sign a pour-over will to route any leftover assets into the trust at death and align beneficiary designations with the plan.

What the Statutes Say

• North Carolina Gen. Stat. § 36C-6-602 (Revoking or amending a revocable trust) – Sets how a settlor can revoke or amend a revocable trust.
• North Carolina Gen. Stat. § 36C-2-204 (Venue for trust proceedings) – Identifies the proper county if a court proceeding involving a trust is needed.
• North Carolina Gen. Stat. § 20-72 (Execution and delivery of title; assignments) – Governs assignment and transfer of motor vehicle titles.
• North Carolina Gen. Stat. § 36C-8-815 (General powers of trustee) – Confirms trustees have broad powers, exercised consistent with fiduciary duties.

Analysis

Apply the Rule to the Facts: Because you are single with no spouse, you can sign a revocable trust naming yourself as initial trustee and a trusted person as successor. To fund it, record a deed transferring your home to you as trustee; the transfer is effective against third parties when recorded. Next, retitle your vehicle with NCDMV to the trustee, bringing the trust or a certification of trust if requested. A pour-over will backs up the plan by sending any overlooked assets into the trust at death.

Process & Timing

1. Who files: You (the settlor). Where: No court filing; sign the trust privately. What: Revocable trust agreement plus a pour-over will; prepare a deed transferring the home to you as trustee; gather trust documents for the vehicle title change. When: Record the deed promptly after signing; retitle the vehicle soon after to ensure the trust controls it.
2. Record the deed with the county Register of Deeds where the property is located; recording typically occurs within days, but timing can vary by county. Keep the recorded deed with your estate planning documents.
3. Visit an NCDMV license plate agency to retitle the car to the trustee; bring current title, proof of insurance, ID, and trust documentation (or a certification of trust) as requested. NCDMV will issue a new title showing the trustee.

Exceptions & Pitfalls

• Failure to fund: If you do not record the deed or retitle the car, those assets stay outside the trust and may require probate. The pour-over will can catch them but won’t avoid probate.
• DMV documentation: NCDMV may ask to see relevant portions of the trust or a certification of trust to confirm trustee authority. Bring those to avoid delays.
• Mortgages and insurance: Notify your lender and insurer after transferring the home to the trust so coverage and mailing addresses are accurate.
• Agent authority: If you want an agent under a power of attorney to add assets to or amend the trust later, your trust and power of attorney must expressly allow that.
• Trustee duties: The trustee must keep trust property separate, maintain records, and provide information to qualified beneficiaries upon request.

Talk to a Estate Planning Attorney

If you’re dealing with creating a revocable trust and moving your home and car into it, 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.