Updated June 29, 2022

The North Carolina revocable living trust is similar to a Will in that it makes a plan for how an individual’s estate is to be handled in the event of their death. The key differences being that the estate’s ownership is transferred to the trust, there are plans made not only for death, but also for the Grantor’s possible incapacitation, and finally, the Beneficiaries will avoid probate when the trust estate is distributed. In some cases, creating a Will can save more money on legal fees when compared to a living trust. However, for large estates and for people with multiple properties and holdings, creating a revocable living trust is a good way to make sure that an estate is properly distributed in a timely fashion. Unlike the irrevocable living trust, the revocable living trust allows for the Grantor to continue to benefit from any assets held in their living trust. In addition to this, the Grantor can revoke or change the trust at any time, removing and adding property/assets as he/she sees fit.

Laws – § 36C-6-601 to § 36C-6-607

How to Write

Step 1 – Download in Adobe PDF, Microsoft Word (.docx), or Open Text Document (.odt).

Step 2 – Enter the following information into the indicated fields on the first page of the document:

• Grantor’s name
• Date
• Grantor’s name
• Grantor’s mailing address
• Trustee’s name
• Trustee’s mailing address

Step 3 – Next, enter the name of the Trust and indicate whether this is a new trust or an amendment by selecting the appropriate check box.

Step 4 – Under Article 4, Section A, detail any property being given to specific organizations or individuals, providing the name of the beneficiary for each item.

Step 5 – In Section B, you must indicate whether all personal property will be given to the Beneficiaries or to a specific individual. If you selected the second option, enter this individual’s personal information into the indicated fields.

Step 6 – Under Section C, provide the personal information for a Pet Caretaker and an Alternate Pet Caretaker. If the Grantor has no pets, skip ahead to Step 9 of these instructions.

Step 7 – Use the checkboxes to indicate whether any funding will be provided to the Pet Caretaker and if there is, enter the amount of funding provided (in US dollars) and the duration of time that the pet(s) must be cared for.

Step 8 – To complete Section C, provide the personal information of the person appointed as the 3rd Party Enforcer for the Pet Trust.

Step 9 – Moving along to Section D, here you can include up to four (4) appointed Beneficiaries by entering their information into the blank spaces.

Step 10 – Underneath Article 10 (found at the bottom of Page 11), enter the amount of time that must pass from the Trust’s creation before any Beneficiaries may request an accounting of the Trust assets.

Step 11 – Next, under Article 13, Section A, enter the personal information of the appointed Successor Trustee and 2nd Successor Trustee.

Step 12 – In Section I of Article 13, you must select the appropriate checkbox to indicate whether the Grantor will be providing the Trustee with compensation or not.

Step 13 – Subsequently, in Article 15, enter the number of days that the Grantor must be survived before anyone can make a claim upon the Trust Estate.

Step 14 – The Grantor’s marriage status must be indicated in Article 17 by selecting the appropriate checkbox. If the Grantor is married, enter the spouse’s name in the indicated space.

On the next page, indicate whether the Grantor’s or their spouse’s estate is to benefit from the other in the event that neither person can be determined as the first to have died.

Step 15 – If the Grantor has any children, list their names beneath Article 18.

Step 16 – Next, enter the names of any party which the Grantor wishes to exclude from their Trust beneath Article 21.

Step 17 – The Grantor, the Trustee, and the Successor Trustee must provide their signature, printed name, and the date beneath Article 22.

Step 18 – On the next page, all of the following signatures and information must be provided under “Self-Proving Affidavit” in order to certify this Trust:

• State
• County
• Grantor’s signature plus the date
• Trustee’s signature plus the date
• Successor Trustee’s signature plus the date
• 2nd Successor Trustee’s signature plus the date
• Witness signature plus the date
• 2nd Witness signature plus the date

Step 19 – It is not required for a revocable living trust to be notarized, but it is strongly recommended. If a Notary Public is present at the time of the Trust’s creation, they should fill out the “Notary Acknowledgement” by providing the below information and credentials:

• Date of witness
• Name of Grantor
• Commission expiry date
• Notary’s signature
• Notary’s printed name

Step 20 – On the last page of the form, all of the assets and property which are being put into the trust must be listed in full beneath “Attachment A.”