Short Answer

Yes. In North Carolina, a home titled to spouses as tenants by the entirety passes to the surviving spouse automatically at death. You usually do not need probate or a new deed. To update the land records, the surviving spouse typically records a certified death certificate (and, in some counties, a brief survivorship affidavit) with the county Register of Deeds.

Understanding the Problem

You want to know if you must open probate to transfer your North Carolina home after your wife’s death, or if you can simply handle it in the land records. You are the surviving spouse, and the deed shows you owned the home together as tenants by the entirety.

Apply the Law

Under North Carolina law, “tenancy by the entirety” is a form of ownership between married spouses that includes a built-in right of survivorship. When one spouse dies, full title vests in the survivor by operation of law. The estate’s personal representative generally has no role in retitling entirety property, and ordinary individual debts of the deceased spouse do not attach to it, though existing liens (like a recorded deed of trust) remain. The main forum for housekeeping steps is the county Register of Deeds; probate is not required just to clear title to entirety property.

Key Requirements

• Correct titling: The recorded deed must show the spouses took title in a manner that creates tenancy by the entirety (for married couples under North Carolina law).
• Death of one spouse: On death, the survivor receives full ownership automatically; no estate transfer is needed for the house.
• Record evidence of death: To update the county land records, record a certified copy of the death certificate; some counties also accept an affidavit of survivorship.
• No new deed needed: Because title vests by law, you typically do not prepare a deed from the estate to the survivor.
• Liens and taxes: Any existing mortgage, deeds of trust, or tax liens continue; keep payments current and update tax and insurance records.

What the Statutes Say

• North Carolina Gen. Stat. § 39-13.6 (Tenancy by the entirety) – Deed to a married couple creates tenancy by the entirety with survivorship unless otherwise stated.
• North Carolina Gen. Stat. § 28A-15-2 (Vesting of real property at death) – Explains vesting for nonsurvivorship property; contrasts with entirety property that bypasses the estate.
• North Carolina Gen. Stat. § 31-39 (Title under a probated will) – Shows when probate affects title for devised real estate (not needed for entirety property).

Analysis

Apply the Rule to the Facts: Your deed shows tenancy by the entirety, so full ownership passed to you automatically when your wife died. Because title vested in you by law, you do not need probate or a deed from the estate to yourself to own or sell the house. To keep the record clear for future sales or refinancing, record a certified death certificate (and, if your Register of Deeds prefers, a short affidavit of survivorship). Any existing mortgage or tax obligations continue in place.

Process & Timing

1. Who files: Surviving spouse. Where: Register of Deeds in the county where the home is located. What: Record a certified copy of the deceased spouse’s death certificate; some counties also request a brief affidavit of survivorship referencing the recorded deed. When: As soon as practical; there is no statutory deadline, but recording early avoids delays if you sell or refinance.
2. After recording, contact the county tax office and your insurer to update ownership and mailing information. Turnaround for recording is typically same-day or within a few days, but practices vary by county.
3. If you plan to sell or refinance, provide the recorded death certificate (and affidavit, if used) to the closing attorney or title company to clear title.

Exceptions & Pitfalls

• If the deed did not create tenancy by the entirety (e.g., you were not married when you took title, or it was titled as tenants in common), survivorship may not apply and probate or other action could be required.
• If the house was transferred to a trust or only one spouse was on title, different rules apply; bring the deed and trust documents to an attorney for review.
• Existing liens (mortgage, tax liens) remain against the property; keep payments current and resolve liens before sale.
• Do not draft a deed from the estate to yourself; title already vested in you by law, and an unnecessary deed can create confusion.
• Vehicle titles follow different rules; the DMV may require Letters or specific affidavits even when the home bypasses probate.

Talk to a Probate Attorney

If you’re handling a North Carolina estate and want to confirm that your house passes outside probate and how to record the death to clear title, 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.