N.C. Gen. Stat. » Chapter 33A
NC General Statutes

N.C. Gen. Stat. § 33A-12 (2026)

Care of custodial property

✓ current as of July 2026
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(a) A custodian shall:

(1) Take control of custodial property;

(2) Register or record title to custodial property if appropriate; and

(3) Collect, hold, manage, invest, and reinvest custodial property.

(b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries.  If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise.  However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.

(c) A custodian may invest in or pay premiums on life insurance or endowment policies on (i) the life of the minor only if the minor or the minor's estate or the custodian in the capacity of custodian is the sole beneficiary, or (ii) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.

(d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor.  Custodial property may be held with other owners if owned as tenants in common, provided that the property interest of the owners is fixed.  Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words:  "as a custodian for ___________ (name of minor) under the North Carolina Uniform Transfers to Minors Act."

(e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor, or by the minor if the minor has attained the age of 14 years. (1987, c. 563, s. 2.)

 

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1998–2026 · leading case: Belk ex rel. Belk v. Belk, 728 S.E.2d 356 (N.C. Ct. App. 2012).
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Belk ex rel. Belk v. Belk, 728 S.E.2d 356 (N.C. Ct. App. 2012). · cites it 12× “N.C. Gen. Stat. § 33A-12 (2011) establishes both a fiduciary duty of care owed to the minor by the custodian in managing the UTMA account and a duty to keep records of all transactions with respect to custodial property.”
Jimenez v. Brown, 509 S.E.2d 241 (N.C. Ct. App. 1998). · cites it 4× “N.C. Gen. Stat. § 33A-12(a) (1987). The custodian is required to keep custodial property “separate and distinct from all other property” and to keep sufficient records of all transactions with respect to the property.”
Olds v. Olds, 2026 NCBC 58 (N.C. Bus. Ct. 2026). · cites it 3× “§ 33A-12.) 68 (N.C. Gen. Stat. § 33A-1(5).”
In Re Est. of Ruby Smith (Tenn. Ct. App. 2025). “537 (2); N.C. Gen. Stat. Ann. § 33A-12(b); 20 Pa. Stat.”
— N.C. Gen. Stat. § 33A-12(a) — 1 case
Jimenez v. Brown, 509 S.E.2d 241 (N.C. Ct. App. 1998). “N.C. Gen. Stat. § 33A-12(a) (1987). The custodian is required to keep custodial property “separate and distinct from all other property” and to keep sufficient records of all transactions with respect to the property.”
— N.C. Gen. Stat. § 33A-12(b) — 2 cases
Belk ex rel. Belk v. Belk, 728 S.E.2d 356 (N.C. Ct. App. 2012). “N.C. Gen. Stat. § 33A-12 (2011) establishes both a fiduciary duty of care owed to the minor by the custodian in managing the UTMA account and a duty to keep records of all transactions with respect to custodial property.”
In Re Est. of Ruby Smith (Tenn. Ct. App. 2025). “537 (2); N.C. Gen. Stat. Ann. § 33A-12(b); 20 Pa. Stat.”
— N.C. Gen. Stat. § 33A-12(d) — 1 case
Jimenez v. Brown, 509 S.E.2d 241 (N.C. Ct. App. 1998). “N.C. Gen. Stat. § 33A-12(a) (1987). The custodian is required to keep custodial property “separate and distinct from all other property” and to keep sufficient records of all transactions with respect to the property.”
— N.C. Gen. Stat. § 33A-12(e) — 2 cases
Belk ex rel. Belk v. Belk, 728 S.E.2d 356 (N.C. Ct. App. 2012). “N.C. Gen. Stat. § 33A-12 (2011) establishes both a fiduciary duty of care owed to the minor by the custodian in managing the UTMA account and a duty to keep records of all transactions with respect to custodial property.”
Olds v. Olds, 2026 NCBC 58 (N.C. Bus. Ct. 2026). “§ 33A-12.) 68 (N.C. Gen. Stat. § 33A-1(5).”
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