Probate Q&A Series

What steps are required to prepare and record a quitclaim deed in North Carolina?

Short Answer

In North Carolina, you prepare a deed that clearly states who is conveying and who is receiving title, how they will co-own (tenants in common by default, or joint tenants with right of survivorship if stated), and the property’s legal description. The grantor signs before a notary, and the original deed is recorded with the Register of Deeds in the county where the property is located. You’ll pay recording fees and, if there is consideration, state excise tax.

Understanding the Problem

You want to know how, in North Carolina, a property owner can use a quitclaim deed to add a co-owner and get that deed properly recorded. Here, a father owns a house outright and wants to add his sister as a co-owner. The question is: how do you draft the deed correctly, sign it, and record it with the Register of Deeds so the new ownership shows up in the land records?

Apply the Law

North Carolina recognizes several ways to hold title together. If a deed simply names two people, they generally take as tenants in common (each owns a separate share that passes through their estate). If you want survivorship (the survivor owns the whole property when one dies), the deed must clearly say “with right of survivorship.” Married couples can hold as tenants by the entirety if the deed conveys to them as a married couple. Deeds must be signed and acknowledged before a notary and recorded in the county where the land lies. Excise tax applies when there is consideration; gifts typically do not trigger excise tax, but counties may require an exemption statement.

Key Requirements

  • Clear parties and capacity: Identify the current owner as grantor and the desired co-owners as grantees; a self-to-self deed (owner to owner-and-sister) is acceptable.
  • Ownership form stated: Default is tenants in common; include exact survivorship language if you want joint tenancy with right of survivorship; married couples may take by the entirety.
  • Property description: Use the full legal description and prior deed reference (book/page or instrument number); include parcel/PIN if your county requests it.
  • Execution and notarization: Grantor signs before a notary; names must match prior title; include a return address and preparer statement if requested locally.
  • Record in the right place: File the original, notarized deed with the Register of Deeds in the county where the property is located; pay recording fees and any excise tax due.
  • Excise tax and consideration: If consideration is paid, state excise tax is typically $1 per $500 of consideration; for gifts, mark the deed or file any local exemption/consideration form the county requires.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Father can sign a quitclaim deed conveying the property from himself to himself and his sister. If they want survivorship, the deed must say “as joint tenants with right of survivorship.” If they do nothing special, they’ll hold as tenants in common by default. Because no money changes hands, excise tax is generally not due; include any county-required no‑consideration/exemption statement when recording.

Process & Timing

  1. Who files: The current owner (or their attorney). Where: Register of Deeds in the North Carolina county where the property is located. What: Original, notarized quitclaim deed with full legal description and prior deed reference; any local consideration/exemption form; recording fee and any excise tax if consideration is paid. When: Record immediately after execution to protect title.
  2. The Register of Deeds reviews for recording standards and collects fees/tax; recording can be same day in person or within a few days by mail or eRecording (timeframes vary by county).
  3. After recording, obtain a certified copy for your records; update insurance, tax mailing address, and estate plan to reflect the new ownership.

Exceptions & Pitfalls

  • Survivorship must be explicit. Without exact “right of survivorship” language, co-owners take as tenants in common and each share passes by will or intestacy.
  • Married couples. A deed to spouses generally creates tenancy by the entirety unless the deed says otherwise; this does not apply to non‑spouses.
  • Gift and tax issues. Adding a co-owner without payment is usually a gift; consult a tax professional about federal gift reporting and potential basis consequences.
  • County formatting rules. Counties impose formatting rules (margins, font size) and may require a consideration/exemption statement; non‑conforming deeds can be rejected or require a cover sheet.
  • Name and description errors. Ensure names match prior title and the legal description is complete; mistakes can cause indexing problems and future title issues.

Conclusion

To add a co-owner by quitclaim in North Carolina, prepare a deed from the current owner to the intended co-owners, state the ownership form (tenants in common by default or joint tenants with right of survivorship if desired), include the full legal description, and have the grantor sign before a notary. Then record the original deed with the county Register of Deeds and pay fees (and excise tax if there is consideration). Next step: draft and record the deed promptly.

Talk to a Estate Planning Attorney

If you’re adding a co-owner to North Carolina real estate and want the deed drafted and recorded correctly, our firm can help you understand your options and timelines. Call us today.

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.