North Carolina SB 675: Land Use Clarification and Changes.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 4
SENATE BILL 675
Commerce and Insurance Committee Substitute Adopted 4/8/25
House Committee Substitute Favorable 6/16/26
House Committee Substitute #2 Favorable 6/24/26

Short Title: Charitable Orgs. Privacy Protection Act. (Public)
Sponsors:
Referred to:
March 26, 2025
*S675-v-4*
A BILL TO BE ENTITLED 1
AN ACT TO ENACT PROVISIONS RELATED TO THE TRANSFER OF PROPERTY WHEN 2
CHARITABLE ORGANIZATIONS ARE NAMED AS BENEFICIARIES OF 3
NONPROBATE ASSETS. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. Chapter 41 of the General Statutes is amended by adding a new Article 6
to read: 7
"Article 4B. 8
"Transfers on Death to Charitable Organizations. 9
"§ 41-53.1. Beneficiary designation defined. 10
For the purposes of this Article, "beneficiary designation" means, other than a will or an 11
instrument creating a trust, an instrument or provision in an instrument designating a beneficiary, 12
including, but not limited to, any of the following: 13
(1) An annuity or insurance policy. 14
(2) An account with a designation for payment on death. 15
(3) A security registered in beneficiary form. 16
(4) A pension, profit-sharing, retirement, or other employment-related benefit 17
plan. 18
(5) Any other nonprobate transfer at death. 19
"§ 41-53.2. Charitable organization as beneficiary. 20
(a) A charitable organization incorporated in North Carolina or incorporated in another 21
state and having a valid certificate of authority in North Carolina that is exempt under section 22
501(c)(3) of the Internal Revenue Code and is a beneficiary of an interest in property created by 23
beneficiary designation may deliver an affidavit to the holder of the property for the purpose of 24
obtaining the property or information regarding the property. The affidavit shall be signed by a 25
duly authorized representative of the charitable organization under penalty of perjury before a 26
notary public and shall state all of the following: 27
(1) The decedent's name and last known address. 28
(2) A general description of the property, to the extent known. 29
(3) The charitable organization's name, address, and primary contact information. 30
(4) A request that the property be transferred to the charitable organization or that 31
specified information about the property be given to the charitable 32
organization. 33

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 675-Fourth Edition
(5) Affirmation that, on information or belief of the affiant, the property owner is 1
deceased and no one other than the charitable organization has a right to the 2
interest in the property listed in the affidavit. 3
(6) That the information in the affidavit is true and correct. 4
(b) An affidavit presented under this section shall be accompanied by all of the following: 5
(1) A copy of the charitable organization's determination letter from the Internal 6
Revenue Service recognizing its tax-exempt status. 7
(2) A copy of the charitable organization's certificate of existence issued pursuant 8
to the law under which it is organized as conclusive evidence that the 9
organization is in good standing. 10
(3) The certified copy of the death certificate of the decedent as verification of the 11
decedent's death. 12
(4) A corporate resolution or similar statement recognizing the affiant's authority 13
to act on behalf of the charitable organization. 14
(5) Internal Revenue Service form W-9 completed by an authorized 15
representative of the charitable organization. 16
"§ 41-53.3. Transfer of property. 17
(a) A holder of property that receives an affidavit under this Article shall not request any 18
additional personal information from any individual employed by or serving on the board of 19
directors of the charitable organization. As used in this subsection, "personal information" 20
includes, but is not limited to, the following: 21
(1) Social security number. 22
(2) Drivers license number. 23
(3) Contact information. 24
(4) Personal financial information. 25
(b) If the requirements of this Article are satisfied, all of the following apply: 26
(1) The decedent's property shall be paid, delivered, or transferred to or for the 27
benefit of the charitable organization as requested in the affidavit. 28
(2) The transfer agent of a security described in the affidavit shall change 29
registered ownership from the decedent to or for the benefit of the charitable 30
organization as requested in the affidavit. 31
(3) The information requested in the affidavit shall be delivered to the 32
organization. 33
(c) A holder of property that receives an affidavit and accompanying documents under 34
this Article may assume without undue investigation the validity of the facts contained in them. 35
The holder of the property that in good faith delivers the property or information requested in 36
reliance on the facts contained in the affidavit and accompanying documents and that has no 37
actual knowledge