Estate planning can be a complex process, especially when it comes to the finer details like the recording of legal documents such as wills and trusts. For residents of North Carolina, understanding whether these documents must be recorded is an essential step in ensuring your estate plan is both legal and effective.
Are Wills Recorded in North Carolina?
In North Carolina, wills are not recorded during the lifetime of the person who creates the will (the testator). A will becomes a matter of public record only after the testator’s death, when it is submitted for probate. Probate is the legal process of validating the will and overseeing the distribution of the estate according to the testator’s wishes.
After the testator’s death, the executor named in the will must file it with the Clerk of Superior Court in the county where the decedent resided. At this point, the will becomes a public document and is accessible to anyone who wishes to review it. Until then, the will is private, and is typically kept by the testator in a safe and secure location of their choosing.
Important Note: If the will is not submitted for probate within two years of the testator’s death, North Carolina law may treat the estate as if the testator died without a will (intestate), which could lead to unintended consequences for the estate.
Are Trusts Recorded in North Carolina?
Unlike wills, trusts are not required to be recorded in North Carolina. Trusts, particularly revocable living trusts, remain private both during the lifetime and after the death of the trust maker (grantor). This privacy is one of the key advantages of using a trust as part of an estate plan.
A trust can help you avoid the public probate process, which is required for wills. Because trusts are not filed with the court, they do not become a matter of public record, and the details of the trust—including beneficiaries, assets, and distribution plans—remain confidential. The trustee, who is responsible for administering the trust, carries out the instructions within the trust without court involvement.
However, in some cases, a trust might be disclosed if legal disputes arise or if beneficiaries seek clarification of their rights. Still, the level of privacy a trust offers is much higher than that of a will.
Conclusion
In North Carolina, wills become public after death through the probate process, while trusts typically remain private unless specific legal actions require disclosure. If privacy is a priority in your estate planning, incorporating a trust into your plan may be a strategic choice. For more information or personalized advice, consider consulting with our experienced estate planning attorney at Forbes Law Firm to ensure your estate is protected and your wishes are carried out. Serving Davidson, Cornelius, Huntersville, Mooresville and the larger Lake Norman and North Charlotte area, we are here for you.
