In this Chapter:
(1) "Adult" means an individual who has attained the age of 21 years.
(2) "Benefit plan" means an employer's plan for the benefit of an employee or partner.
(3) "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.
(4) "Court" means the clerk of the superior court of the several counties of the State.
(5) "Custodial property" means (i) any interest in property transferred to a custodian under this Chapter and (ii) the income from and proceeds of that interest in property.
(6) "Custodian" means a person so designated under Section 33A-9 or a successor or substitute custodian designated under Section 33A-18.
(7) "Financial institution" means a bank, trust company, savings and loan associations or other savings institutions, or credit union, chartered and supervised under State or federal law.
(8) "Guardian" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.
(9) "Legal representative" means an individual's personal representative or guardian.
(10) "Member of the minor's family" means the minor's parent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(11) "Minor" means an individual who has not attained the age of 21 years.
(12) "Person" means an individual, corporation, organization, or other legal entity.
(13) "Personal representative" means an executor, administrator, successor personal representative, collector, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same function.
(14) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
(15) "Transfer" means a transaction that creates custodial property under G.S. 33A-9.
(16) "Transferor" means a person who makes a transfer under this Chapter.
(17) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. (1987, c. 563, s. 2.)
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2000–2026 · leading case:
Guerrier v. Guerrier, 574 S.E.2d 69 (N.C. Ct. App. 2002).
Guerrier v. Guerrier, 574 S.E.2d 69 (N.C. Ct. App. 2002).
· cites it 6× “§ 33A-18(f) (2001) (renunciation, resignation, death, or removal of custodian; designation of successor custodian); N.C.G.S. § 33A-1(4) (2001) ("court" when used in UTMA means the clerk of superior court).”
Belk ex rel. Belk v. Belk, 728 S.E.2d 356 (N.C. Ct. App. 2012).
· cites it 2× “Stat. § 6-26 (2011). When an issue of fact is raised before the clerk, “the clerk shall transfer the proceeding to the appropriate court[,]” in which “the proceeding is subject to the provisions in the General Statutes and to the rules that apply to actions initially filed in…”
Schout v. Schout, 538 S.E.2d 213 (N.C. Ct. App. 2000).
· cites it 3× “See generally, N.C. Gen. Stat. § 33A-1, et seq. (1999). Under the UTMA, a custodianship terminates when the beneficiary becomes twenty-one years old.”
Olds v. Olds, 2026 NCBC 58 (N.C. Bus. Ct. 2026).
· cites it 4× “”(N.C. Gen. Stat. §33A-1(5)). 66 (N.C. Gen.”
Hilco Transp., Inc. v. Atkins, 2016 NCBC 6 (N.C. Bus. Ct. 2016).
· cites it 2× “See Hilco 1 Michael Brewer is the custodian for his two minor children under the North Carolina Uniform Transfers to Minors Act, N.C. Gen. Stat. §§ 33A-1 to -24 (2015). Michael Brewer was not an original signatory to the Stockholder Agreement but subsequently agreed to be bound…”
— N.C. Gen. Stat. § 33A-1(4) — 2 cases
Guerrier v. Guerrier, 574 S.E.2d 69 (N.C. Ct. App. 2002).
“§ 33A-18(f) (2001) (renunciation, resignation, death, or removal of custodian; designation of successor custodian); N.C.G.S. § 33A-1(4) (2001) ("court" when used in UTMA means the clerk of superior court).”
Belk ex rel. Belk v. Belk, 728 S.E.2d 356 (N.C. Ct. App. 2012).
“Stat. § 6-26 (2011). When an issue of fact is raised before the clerk, “the clerk shall transfer the proceeding to the appropriate court[,]” in which “the proceeding is subject to the provisions in the General Statutes and to the rules that apply to actions initially filed in…”
— N.C. Gen. Stat. § 33A-1(5) — 1 case
Olds v. Olds, 2026 NCBC 58 (N.C. Bus. Ct. 2026).
“”(N.C. Gen. Stat. §33A-1(5)). 66 (N.C. Gen.”
Annotations are extracted automatically from the opinions in the
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