North Carolina § 36C-4C-404 - Contents of petition for revocable trust validity.

§ 36C-4C-404. Contents of petition for revocable trust validity.

Petition. - A petition requesting an order declaring that a petitioner's revocable trust is valid shall be verified and shall contain the following information: A statement that the petitioner is a resident of North Carolina and specifying the county of the petitioner's residence. Allegations that the revocable trust was prepared and executed in accordance with North Carolina law and a statement that the revocable trust was created with intent to create the revocable trust. A statement that the petitioner had capacity to create a revocable trust at the time the trust was created. A statement that the petitioner was free from undue influence and duress and executed the revocable trust in the exercise of the petitioner's free will. A statement identifying the petitioner, and all persons believed by the petitioner to have an interest in the proceeding, including, for any interested parties who are minors, information regarding the minor's appropriate representative. The petitioner shall attach a copy of the revocable trust and any amendments then in effect to the petition. If an order is entered declaring the revocable trust to be valid, the petitioner shall tender the original revocable trust and any amendments then in effect at the hearing, and the court shall affix a certificate of validity to such revocable trust and amendments, if any. History (2021-53, s. 1.1.)