NC General Statutes

N.C. Gen. Stat. § 33A-11 (2026)

Validity and effect of transfer

✓ current as of July 2026

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(a) The validity of a transfer made in a manner prescribed in this Chapter is not affected by:

(1) Failure of the transferor to comply with G.S. 33A-9(c) concerning control;

(2) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under G.S. 33A-9(a);

(3) Death or incapacity of a person nominated under G.S. 33A-3 or designated under G.S. 33A-9 as custodian or the disclaimer of the office by that person; or

(4) The use of an abbreviation in referring to this Chapter or the equivalent act of another state.

(b) A transfer made pursuant to G.S. 33A-9 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this Chapter, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this Chapter.

(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this Chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this Chapter. (1987, c. 563, s. 2.)

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2016–2026 · leading case: Carpenter v. Carpenter, 781 S.E.2d 828 (N.C. Ct. App. 2016).

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Carpenter v. Carpenter, 781 S.E.2d 828 (N.C. Ct. App. 2016). · cites it 2× “]" N.C. Gen.Stat. § 33A-11(b) (2015). Whether this account should be classified and distributed as marital property is an issue that can only be determined if Matthew Carpenter-who owns the legal title to this property-is made a party to the action.”

Olds v. Olds (N.C. Bus. Ct. 2026). · cites it 4× “Pursuant to N.C. Gen. Stat. § 33A-11 Defendant Olds “[had] all the rights, powers, duties, and authority provided by [N.”

— N.C. Gen. Stat. § 33A-11(b) — 1 case

Carpenter v. Carpenter, 781 S.E.2d 828 (N.C. Ct. App. 2016). “]" N.C. Gen.Stat. § 33A-11(b) (2015). Whether this account should be classified and distributed as marital property is an issue that can only be determined if Matthew Carpenter-who owns the legal title to this property-is made a party to the action.”

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