Nov252025
Real Estate Q&A Series

What information and documents do I need to provide to prepare a general warranty deed? – North Carolina

Short Answer

In North Carolina, a general warranty deed must identify the parties, clearly describe the property, be signed by the grantor and properly notarized, and be recorded in the county where the land lies. The Register of Deeds also requires a preparer’s name, a return address on the first page, and payment of the state excise tax (based on consideration). County formatting standards and recording practices apply and can change.

Understanding the Problem

Question: In North Carolina real estate, what information and documents must a property owner provide so an attorney can draft a general warranty deed that can be signed, notarized, and recorded with the Register of Deeds?

Apply the Law

Under North Carolina law, a deed must contain essential elements (parties, granting language, and a sufficient legal description), be executed by the grantor with a proper notary acknowledgment, and be recorded in the county where the property is located to protect priority against third parties. The Register of Deeds collects state excise tax at recording, and state law requires the drafter’s name and a return address on the first page. Local format rules (margins, font, paper size, indexing details) apply.

Key Requirements

  • Parties and status: Full legal names and mailing addresses of the grantor(s) and grantee(s); note marital status for title planning (e.g., tenants by the entirety) and entity capacity if a company is involved.
  • How title will vest: State how the grantee(s) will hold title (e.g., tenants in common, joint tenants with right of survivorship, or spouses as tenants by the entirety).
  • Consideration and excise tax basis: The price or other consideration so the Register of Deeds can compute state excise tax.
  • Property description: A complete legal description (metes and bounds or lot/plat reference) and prior deed reference (book/page or instrument number); include parcel ID if available.
  • Execution and acknowledgment: Grantor’s ink signature and a correct North Carolina notary acknowledgment; include the drafter’s name and a return address on the first page.
  • Supporting documents: Spousal joinder if required by how title is held; authority documents for entities (e.g., resolutions, operating agreement excerpts); name-change or capacity documents if applicable.

What the Statutes Say

Analysis

Apply the Rule to the Facts: No specific facts were provided. If a married couple is conveying property they own together, both spouses’ names, signatures, and the manner of vesting for the grantee should be set out; the deed should use the full legal description, reference the prior deed, be properly notarized, and include the preparer’s name and a return address so it can be recorded and the excise tax collected. If an LLC is the grantor, provide the LLC’s exact name, state of organization, and signer’s authority so the deed reflects proper capacity and can be acknowledged correctly.

Process & Timing

  1. Who files: Typically the closing attorney or property owner. Where: Register of Deeds in the North Carolina county where the property is located. What: Original signed deed with proper notary acknowledgment, drafter’s name, return address, and recording fees/excise tax. When: Record promptly after execution to protect priority under the recording statute.
  2. Register of Deeds reviews formatting and statutory items (preparer name, return address, acknowledgment) and collects excise tax and fees; processing time is usually same day, but practices can vary by county.
  3. After recording, the Register of Deeds assigns an instrument number or book/page and returns the original deed to the stated return address; certified copies are available upon request.

Exceptions & Pitfalls

  • Title form issues: If title is held by spouses as tenants by the entirety, both must sign; missing a spouse’s signature can invalidate the conveyance.
  • Insufficient legal description: A street address alone is not enough; use the full metes and bounds or the recorded lot/plat and prior deed reference.
  • Notary errors: Incorrect names, missing seal, wrong county/state, or expired commission can cause rejection.
  • Missing statutory items: Omitted drafter’s name or return address can delay recording; ensure they appear on the first page.
  • Entity authority: When an entity is the grantor, lack of clear signing authority or capacity language can prevent recording or cloud title.
  • Format noncompliance: Margins, font size, and other county formatting standards may lead to rejection; requirements can change.

Conclusion

To prepare a North Carolina general warranty deed, provide the parties’ full names and addresses, how the grantee will hold title, the consideration (for excise tax), and a complete legal description with prior deed reference. The deed must be signed by the grantor, properly notarized, and include the drafter’s name and a return address on the first page. Next step: gather these items and record the original deed with the appropriate Register of Deeds promptly to protect priority.

Talk to a Real Estate Attorney

If you’re dealing with preparing and recording a North Carolina general warranty deed, 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.

Category: Real Estate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.