Short Answer

In North Carolina, title to real property vests in the heirs at death. To prove and document the chain from your parents to you, confirm how your parents held title, identify the heirs under intestacy at each death (including descendants of any predeceased children), and record clear proof in the land records. If you plan to sell or mortgage within two years of the last parent’s death, open an estate, publish notice to creditors, and have the personal representative join any deed to protect title.

Understanding the Problem

In North Carolina, how do you, as heirs, show clear title moving from your deceased parents to you when some siblings have died? Here, the deed still shows both parents, neither left a will, and two siblings died; you and one sibling have kept taxes and the mortgage current.

Apply the Law

North Carolina law vests title to a decedent’s non-survivorship real estate in the heirs at death. For married couples, if the property was owned as tenants by the entirety, the first spouse’s interest typically passes to the survivor automatically; the chain then runs through the surviving spouse’s death. When someone dies without a will, the heirs are set by the Intestate Succession Act: living children inherit, and the children of any predeceased child take that child’s share by representation. Within two years after death, transfers by heirs can be affected by creditors unless a personal representative is appointed, notice to creditors is published, and the personal representative joins in the deed. The Clerk of Superior Court (Estates Division) can hear an estate proceeding to determine the heirs; you can record that order to complete the land record chain.

Key Requirements

• Confirm how title was held: Check the recorded deed. If spouses owned as tenants by the entirety, the survivor became sole owner at the first death.
• Identify heirs at each death: For an intestate decedent, living children inherit; if a child died, that child’s living descendants take that share.
• Document heirship: Use death certificates and either a recorded heirship/descent affidavit or a court order determining heirs from the Clerk of Superior Court.
• Protect transfers within two years: If selling, refinancing, or mortgaging within two years of death, open an estate, publish notice to creditors, and have the personal representative join the deed.
• Record in land records: Record certified orders/affidavits and, if consolidating title, deeds from all current heirs at the Register of Deeds where the land lies.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-15-2 (Title to property) – Real property vests in heirs or devisees at death.
• North Carolina Gen. Stat. § 29-15 (Heir classes) – Lists who inherits when there is no will.
• North Carolina Gen. Stat. § 29-16 (Distribution among classes) – Children of a predeceased child take by representation.
• North Carolina Gen. Stat. § 28A-17-12 (Transfers by heirs within two years) – Sets rules for heir sales, mortgages, or leases before and after notice to creditors and final accounting.

Analysis

Apply the Rule to the Facts: First, review the deed. If your parents held the land as tenants by the entirety, the first death placed full title in the survivor automatically; the intestate heirs were then determined at the surviving parent’s death. Next, list all children living at that time; for any child who had died, identify that child’s living descendants who take that share. Your paying taxes and the mortgage helps preserve the property but does not, by itself, prove title—recorded evidence of heirship will.

Process & Timing

1. Who files: Any heir. Where: Clerk of Superior Court (Estates Division) in the county where the surviving parent was domiciled. What: An estate proceeding petition to determine heirs and an Estate Proceeding Summons, with death certificates attached. When: File anytime; if a sale/refinance is planned within two years of death, promptly open an estate to publish notice to creditors before closing.
2. Serve all known heirs with the estate summons under Rule 4. If uncontested, the clerk can enter an order determining heirs after responses or a brief hearing. Many matters resolve within 30–90 days, but timing varies by county.
3. Record certified copies of the heirship order (and any heirship affidavit and death certificates) with the Register of Deeds where the land is located. Then, if needed to consolidate title, have all current heirs sign and record a deed to the intended owners. If within two years of death and you are selling or mortgaging, have the personal representative join the deed after the creditor notice period.

Exceptions & Pitfalls

• Tenancy by the entirety: If spouses owned the land this way, only the surviving spouse’s heirs matter for title after the first death.
• Predeceased siblings: Their living descendants inherit that share; if none, the share reverts to the remaining heirs.
• Unknown/minor heirs: You must identify and serve all heirs; minors or incompetents require proper representation before the clerk will enter an order.
• Within two years of death: Selling, mortgaging, or leasing without a personal representative joining can leave the transfer exposed to creditor claims.
• Recording gaps: Tax records and mortgage statements do not prove title; record the heirship order or affidavit and any corrective deeds in every county where the land lies.

Talk to a Probate Attorney

If you’re dealing with clearing title from deceased parents to the current heirs, 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.