36C-2-208. Accounting to clerk.
(a) No trustee, including a trustee appointed by the clerk of superior court, is required to account to the clerk of superior court unless the trust instrument directs that the trustee is required to account to the clerk of superior court or unless the trustee is otherwise required by law to account to the clerk of superior court.
(b) If the trustee is required to account to the clerk of superior court, the trustee shall not be permitted to resign as trustee until a final account of the trust estate is filed with the clerk of superior court and until the court is satisfied that the account is true and correct, unless the terms of the trust instrument provide otherwise.
(c) Notwithstanding subsections (a) and (b) of this section, under a proceeding brought under G.S. 36C-4-405.1, the clerk of superior court may require a trustee of a charitable trust to account to the clerk of superior court. (1911, c. 39, s. 6; C.S., s. 4029; 1977, c. 502, s. 2; 2001-413, s. 1; 2003-261, s. 4; 2005-192, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 36C - North Carolina Uniform Trust Code
Article 2 - Judicial Proceedings.
§ 36C-2-201 - Role of court in administration of trust.
§ 36C-2-202 - Jurisdiction over trustee and beneficiary.
§ 36C-2-203 - Subject matter jurisdiction.
§ 36C-2-205 - Commencement of proceedings, pleadings, consolidation, and joinder.
§ 36C-2-206 - Representation of parties.
§ 36C-2-207 - Waiver of notice.
§ 36C-2-208 - Accounting to clerk.
§ 36C-2-209 - Qualification and accounting of trustee of a testamentary trust.