What steps do I need to retitle inherited property into my relative’s name? – North Carolina

Short Answer

In North Carolina, title to real estate passes at death to the heirs (if no will) or to the devisees (if there is a will, once it is probated). Decades later, you typically either: (1) probate the will (often without appointing a personal representative) and record the probate documents, or (2) if there is no will, identify all heirs and record a deed from every heir to the relative. Because more than two years have passed since death, heir transfers are generally valid as to estate creditors.

Understanding the Problem

You are asking how, under North Carolina law, to retitle a home that still shows a deceased person’s name because no probate ever occurred, and a relative now wants title. The decision point is whether the decedent left a will. If there is a will, you must probate it to pass title to the named beneficiary. If there is no will, you must determine the legal heirs and record the correct deed(s) to the relative.

Apply the Law

Under North Carolina law, real property does not sit in the “estate” by default. It vests at death in the heirs (intestacy) or—in a will case—vests in the devisees once the will is admitted to probate, with title relating back to the date of death. When many years have passed, you can still probate a will to perfect title or, if intestate, establish who the heirs are and convey their interests to the relative. Because the two-year creditor window has long expired, heir conveyances are generally effective as to creditors.

Key Requirements

• Confirm whether a will exists: If a will exists, it must be probated to pass title to the devisee; then record the probate documents in the county’s Register of Deeds.
• If no will, identify all heirs: Determine the legal heirs as of the date of death; if needed, use an estate proceeding before the Clerk of Superior Court to determine heirs.
• Record the right instrument: Record a certified copy of the probated will and certificate (will case) or a deed from every heir (and spouse, if required) to the relative (intestate case).
• Forum and filings: File with the Clerk of Superior Court (Estates Division) in the county of the decedent’s domicile for probate/estate proceedings; record in the county Register of Deeds where the land sits.
• Two-year creditor rule: After two years from death, heir sales or deeds are generally valid as to creditors and any personal representative.

What the Statutes Say

• North Carolina Gen. Stat. § 31-39 (Title passes by will upon probate) – A will must be probated for devised real property to pass to the devisee.
• North Carolina Gen. Stat. § 28A-15-2(b) (Title to property of decedent) – Real property vests in heirs at death, or in devisees upon probate, relating back to death.
• North Carolina Gen. Stat. § 28A-17-12 (Sales by heirs/devisees and creditor protections) – Within two years, heir sales are restricted; after two years without published notice, heir transfers are valid as to creditors and the personal representative.
• North Carolina Gen. Stat. § 28A-2-4 (Estate proceedings before the clerk) – Authorizes estate proceedings, including determining heirs when needed.

Analysis

Apply the Rule to the Facts: Because the decedent died decades ago with no probate, first determine if there is a will. If there is, probate it, then record the certified probate (and certificate) in the Register of Deeds to vest title in the named beneficiary. If there is no will, identify all heirs as of the date of death; because more than two years have elapsed, the heirs can deed their interests to the relative, and that deed will generally be valid as to creditors.

Process & Timing

1. Who files: The relative or another interested person. Where: Clerk of Superior Court (Estates Division) in the decedent’s county of domicile; recording occurs at the county Register of Deeds where the land is located. What: If there is a will and no personal representative is needed, file an Application for Probate Without Qualification (AOC-E-199) and obtain a Certificate of Probate (AOC-E-304). If intestate and heirship is unclear, file an estate proceeding to determine heirs. When: There is no fixed deadline to probate a will, but procedures and local practices vary; the two-year creditor window has already passed in your scenario.
2. Record to update title: Will case—record the certified will and certificate of probate at the Register of Deeds in the county where the property sits. Intestate case—prepare and record a deed signed by every heir (and, if applicable, each heir’s spouse) conveying title to the relative; if a heir is missing/unknown, obtain an order determining heirs first.
3. Finalize ownership: The Register of Deeds records the probate documents or deed; the tax office updates its records to reflect the new owner. Keep certified copies of all filings for future title searches.

Exceptions & Pitfalls

• There is a will: You must probate it to pass title to the devisee, even years later; recording an unprobated will does not transfer title.
• Unknown/missing heirs or minors: You may need an estate proceeding before the Clerk of Superior Court to determine heirs and to address service or guardianship issues before a deed can be recorded.
• Spousal rights and old claims: Historic spousal rights or recorded liens may affect title; a title search helps spot issues before recording.
• Wrong office or wrong document: Probate and heir determinations occur with the Clerk of Superior Court; deeds and probate certificates must be recorded with the Register of Deeds in the county where the land is located.

Talk to a Real Estate Attorney

If you’re dealing with a decades-old title still in a deceased person’s name, 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.