Revocable Living Trusts in North Carolina
How revocable living trusts work under North Carolina law and the other ways to pass property without probate.
Short answer: North Carolina adopted the Uniform Trust Code (N.C. Gen. Stat. Chapter 36C). For trusts created by instruments signed after the Chapter took effect, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. N.C. Gen. Stat. § 36C-6-602
| Revocable living trust | North Carolina adopted the Uniform Trust Code (N.C. Gen. Stat. Chapter 36C). For trusts created by instruments signed after the Chapter took effect, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Revocation or amendment follows the method in the trust or, if that method is not exclusive, a later will or codicil that refers to the trust, or another written method delivered to the trustee showing clear and convincing evidence of intent. Only property titled in the trust avoids probate. Source: N.C. Gen. Stat. § 36C-6-602 |
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| Ways to avoid probate | Options include: revocable trusts (N.C. Gen. Stat. § 36C-6-602); collection of personal property by affidavit when personal property is worth $20,000 or less ($30,000 for a surviving spouse who takes it all) (§§ 28A-25-1, 28A-25-1.1); and transfer of a vehicle by affidavit of all heirs when there is no administration (§ 20-77(b)). North Carolina has not enacted a transfer on death deed for real estate. TOD deed status: https://www.ncleg.gov/Laws/GeneralStatuteSections/Chapter31 |
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- All North Carolina wills, probate and estate rules
FAQ
How do living trusts work in North Carolina?
North Carolina adopted the Uniform Trust Code (N.C. Gen. Stat. Chapter 36C). For trusts created by instruments signed after the Chapter took effect, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Revocation or amendment follows the method in the trust or, if that method is not exclusive, a later will or codicil that refers to the trust, or another written method delivered to the trustee showing clear and convincing evidence of intent. Only property titled in the trust avoids probate.
How can you avoid probate in North Carolina?
Options include: revocable trusts (N.C. Gen. Stat. § 36C-6-602); collection of personal property by affidavit when personal property is worth $20,000 or less ($30,000 for a surviving spouse who takes it all) (§§ 28A-25-1, 28A-25-1.1); and transfer of a vehicle by affidavit of all heirs when there is no administration (§ 20-77(b)). North Carolina has not enacted a transfer on death deed for real estate.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.