Short Answer

In North Carolina, you usually do not file anything with the Clerk of Superior Court to transfer real estate owned by spouses as tenants by the entirety—the surviving spouse takes full title by operation of law. If an estate or ancillary estate is open, list the parcel as nonprobate property and provide the clerk a copy of the recorded deed showing the survivorship form of title and a certified death certificate. Separately, record a death certificate or an affidavit of survivorship with the Register of Deeds and give the tax office a death certificate to update the rolls.

Understanding the Problem

You want to know what to give the North Carolina Clerk of Superior Court to document that a decedent’s interest in real property passed outside probate. You are coordinating an ancillary estate, and the deed says the decedent’s interest automatically went to the surviving spouse. This question focuses on what the clerk needs to see and what to record locally so the land records and tax rolls reflect the change.

Apply the Law

Under North Carolina law, real property owned by spouses as tenants by the entirety includes a right of survivorship. When one spouse dies, the survivor becomes the sole owner by operation of law. Because title passes outside the estate, the Clerk of Superior Court typically does not administer that parcel. If an estate file exists, the clerk may still ask for proof of the survivorship form of title and proof of death to classify the parcel as nonprobate on the inventory. Title updates are handled in the Register of Deeds; tax roll updates occur with the county tax office.

Key Requirements

• Show survivorship title: Provide a copy of the recorded deed that shows tenancy by the entirety or other survivorship language.
• Prove death: Provide a certified death certificate for the decedent.
• Update land records: Record a certified death certificate or a brief affidavit of survivorship with the Register of Deeds referencing the deed book and page.
• Inventory classification (if an estate is open): List the parcel as nonprobate “other property” and attach the deed copy and death certificate for the clerk’s file.
• Ancillary notice timing (if applicable): If someone other than the domiciliary personal representative applies for ancillary letters, the clerk mails notice and the domiciliary personal representative has 14 days to apply.

What the Statutes Say

• N.C. Gen. Stat. § 41-56 (Tenancy by the entirety in real property) – Spouses can hold real property as tenants by the entirety with survivorship.
• N.C. Gen. Stat. § 28A-15-2 (Title to real property at death) – Title to real property vests at death outside the personal representative’s possession absent special circumstances.
• N.C. Gen. Stat. § 28A-26-3 (Ancillary letters; notice) – Sets the 14-day notice process when someone seeks ancillary letters in North Carolina.

Analysis

Apply the Rule to the Facts: Because the deed states the couples held title as tenants by the entirety and the decedent’s share passes automatically to the surviving spouse, that parcel is nonprobate property. If you have an ancillary estate open, list the parcel as nonprobate on the preliminary inventory and give the clerk the deed copy and a certified death certificate. Record the death certificate or a survivorship affidavit in the county land records, and provide the tax office a death certificate so it removes the decedent from the tax rolls.

Process & Timing

1. Who files: The personal representative or the person coordinating the ancillary estate. Where: Clerk of Superior Court (Estates Division) in the county where the land lies. What: In an open estate, file the preliminary inventory in AOC-E-201 (testate) or AOC-E-202 (intestate) and classify the parcel as nonprobate; attach the deed copy and a certified death certificate. When: Do this with the opening papers or by the inventory deadline (typically within 3 months of qualification).
2. Record title evidence: The surviving spouse or counsel records a certified death certificate or a short affidavit of survivorship with the Register of Deeds, citing the deed book/page; most recordings are processed within days, but timing varies by county.
3. Update tax records: Submit a certified death certificate to the county tax office so it removes the decedent from the account; the office updates the billing record after processing.

Exceptions & Pitfalls

• The deed must actually create tenancy by the entirety or expressly include survivorship; if it is tenants in common, the decedent’s share does not pass outside probate.
• Practices vary by county; some clerks ask for the deed copy and other proof before accepting the nonprobate classification—bring the documents to avoid delays.
• Failing to record a death certificate or survivorship affidavit in the Register of Deeds can leave the chain of title unclear for future sales or loans.
• If you seek ancillary letters and a domiciliary personal representative exists elsewhere, the clerk will mail them notice; they have 14 days to apply in North Carolina, which can affect your timeline.

Talk to a Probate Attorney

If you’re dealing with an ancillary estate and need to document that North Carolina real estate passed outside probate, 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.