Short Answer

In North Carolina, the exact steps depend on how the property was titled. If you and your wife owned the home as tenants by the entirety or as joint tenants with a right of survivorship, you became sole owner at her death; you can record her death certificate and then sign and record a deed to your child with the county Register of Deeds. If the home was titled only in your wife’s name, title passes to heirs or devisees and you’ll typically probate her will (or address intestacy) and use the correct deed—often an Executor’s/Administrator’s Deed or an Heirs’ Deed—mindful of the two‑year creditor rules.

Understanding the Problem

You want to know, in North Carolina, how a surviving husband can transfer a house into a child’s name after his wife dies—specifically, what to file and where to record the deed. The answer turns on the current ownership shown on the last recorded deed, whether survivorship applies, whether a will controls the real estate, and timing relative to estate creditor protections. The key offices are the Clerk of Superior Court (probate) and the Register of Deeds (recording).

Apply the Law

North Carolina treats real estate differently based on how it was owned. Spouses commonly hold title as tenants by the entirety; on one spouse’s death, the survivor owns the whole automatically. If joint ownership did not include survivorship—or if your wife owned the property alone—title passes to devisees (under a probated will) or to heirs at death (intestacy). Within two years of death, deeds by heirs or devisees can be vulnerable to creditor claims unless a personal representative joins after notice to creditors. The deed type and filing path flow from these rules.

Key Requirements

• Confirm the existing title: Pull the last recorded deed to see if it was tenancy by the entirety or joint tenancy with survivorship, or solely in your wife’s name.
• Match the transfer path to the title: Survivorship means you now own and can deed to your child; sole ownership means probate or intestacy governs who can convey.
• Address creditor timing: Within two years of death, heir/devisee deeds can be void as to creditors unless the personal representative joins after publishing notice to creditors.
• Choose the correct deed: Use a deed from you (as surviving owner) if survivorship applied; otherwise, use an Executor’s/Administrator’s Deed after probate, or an Heirs’ Deed (with PR joinder if within two years).
• File with the right offices: Probate filings go to the Clerk of Superior Court; deeds and death certificates are recorded with the county Register of Deeds where the land lies.

What the Statutes Say

• N.C. Gen. Stat. § 39-13.6 (Tenancy by the entirety) — Spousal real estate is presumed to be held by the entirety, which carries survivorship.
• N.C. Gen. Stat. § 28A-15-2(b) (Title to real property at death) — Nonsurvivorship real property vests in devisees or heirs as of death.
• N.C. Gen. Stat. § 31-39 (Effect of probate of will) — A will must be probated for devised real estate to pass.
• N.C. Gen. Stat. § 28A-17-12 (Conveyances by heirs/devisees within two years) — Limits deeds by heirs/devisees as to creditors unless conditions are met.

Analysis

Apply the Rule to the Facts: If your deed shows tenancy by the entirety or joint tenancy with survivorship, you became sole owner when your wife died. You can record her death certificate and then sign and record a deed conveying to your child. If your wife alone held title, a will must be probated before an Executor can deed to your child; if there is no will, your child’s and your intestate shares vest at death, but any heir deed within two years must account for creditor protections—usually by having a personal representative join after publishing notice to creditors.

Process & Timing

1. Who files: You (or the personal representative). Where: Clerk of Superior Court (probate) and Register of Deeds in the county where the land is located. What: Obtain a certified death certificate; if survivorship applies, prepare and sign a deed from you to your child; if a will controls, file an Application for Probate (AOC-E-201 or AOC-E-199 for probate without qualification when appropriate); if intestate, consider opening an estate so a personal representative can join the deed. When: Start as soon as you confirm title; probate and notice-to-creditors timelines can affect when a deed can safely be recorded.
2. Survivorship path: Record your wife’s death certificate with the Register of Deeds (often alongside the deed you are recording). Execute and record your deed to your child. Recording is typically same-day once accepted.
3. Will or intestacy path: For a will, the Clerk probates it and, if needed, issues Letters to the Executor who then signs and records an Executor’s Deed to your child. For intestacy or pre-probate transfers within two years, publish notice to creditors and have the Administrator join the deed so it is effective as to creditors; otherwise, consider waiting until the statutory risks lapse. Reference the estate file number on the deed and record in the Register of Deeds.

Exceptions & Pitfalls

• Assuming survivorship without checking the deed. Always confirm whether the prior deed actually created survivorship.
• Skipping probate when a will controls real estate. Devised land does not pass unless the will is probated.
• Ignoring creditor rules. Within two years, have the personal representative join heir/devisee deeds after publishing notice to creditors.
• Minor child grantee. If your child is a minor, consider titling in a trust or under the Uniform Transfers to Minors Act rather than deeding directly.
• Not recording the death certificate or estate references. Recording the death certificate and noting the estate file number on the deed helps establish clear chain of title.

Talk to a Estate Planning Attorney

If you’re dealing with transferring title to a child after a spouse’s death, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.