Dec42025
Real Estate Q&A Series

What steps do I take to remove my deceased grandparent from the title so the property shows only in my name? – North Carolina

Short Answer

In North Carolina, a deceased grandparent’s name comes off the title only after legal ownership has passed through probate or intestate succession and then been deeded into the heir’s name. The usual steps are: determine whether there is a will, open (or confirm) an estate with the clerk of superior court if needed, document who inherited the property, and record a new deed or estate-related instrument in the county where the property is located. The exact path depends on whether there was a will, how the deed was worded, and whether there are other heirs with interests that must be addressed.

Understanding the Problem

The question is: in North Carolina, how can a grandchild end up as the sole owner of a house when county land records still show a deceased grandparent (and possibly the grandparent’s heirs) on title? This comes up when a family member dies, everyone assumes the house will “go to” one person, but public records still list the grandparent as owner years later. The issue is not just updating records; it is making sure legal ownership has actually transferred and that any rights of a surviving spouse or other heirs have been resolved.

Apply the Law

Under North Carolina law, real estate passes at death either under a valid will (testate) or under the intestate succession statutes if there is no will. The clerk of superior court, acting as probate judge, has jurisdiction over estate administration, including probating wills and appointing personal representatives. Title changes of record typically occur by recording an appropriate deed or estate instrument in the register of deeds office in the county where the property lies, after the heir’s or devisee’s interest is confirmed. Deadlines can affect the enforceability of wills against third parties and how cleanly title can later be conveyed.

Key Requirements

  • Determine how the property passes at death: Confirm if there is a will, and if so, whether it specifically devises the house; if not, identify the heirs under North Carolina intestacy rules.
  • Use the proper estate process: Where needed, open an estate with the clerk of superior court, have a personal representative appointed, and probate the will or document intestate succession so that title can be perfected.
  • Record instruments to put title in the grandchild’s name: Once the grandchild’s interest is established, use a deed or court-approved instrument recorded in the register of deeds in the county where the property is located so the public record shows the grandchild as owner.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In the described situation, public records still show a deceased grandparent, and perhaps “heirs,” as owners. First, it must be determined whether the grandparent died with or without a will and whether that instrument or intestacy law gives the house (or a share of it) to the grandchild. If the grandchild is the only heir or sole devisee of the house, the next step is using the probate or intestate process to confirm that status and then recording a deed or other proper instrument from the estate or other heirs into the grandchild’s name. If other heirs also inherited interests, their shares generally must be transferred or released (for example, by deed) before the grandchild can hold title solely in that name.

Process & Timing

  1. Who files: Typically an heir, devisee, or other interested person. Where: Clerk of Superior Court, Estates Division, in the North Carolina county where the decedent lived at death (for the estate), and the Register of Deeds in the county where the property is located (for deeds). What: If there is a will, submit it for probate with the initial estate forms; if no will, file an application to administer an intestate estate. When: Wills should be offered for probate as soon as practical; state law places time limits on when a will is effective against later purchasers and creditors.
  2. Once the estate is opened and the personal representative is appointed, the personal representative or the heirs/devisees work to confirm who owns the real property under the will or intestacy. Then a deed from the personal representative or co-heirs, or an estate-related instrument approved by the clerk, is prepared conveying or confirming the property into the grandchild’s name. Timeframes vary by county and by how complex the heirship and creditor issues are.
  3. After the deed or estate instrument is signed and properly notarized, it is recorded with the Register of Deeds in the county where the house is located. The recorded document becomes part of the public record, and future title searches should then show the grandchild as the owner of record, replacing the deceased grandparent and any prior reference to generic “heirs.”

Exceptions & Pitfalls

  • If the deed listed a surviving spouse or another co-owner with a right of survivorship, the property may have passed outside of the estate, and that surviving co-owner’s interest must be resolved before title can rest solely in the grandchild.
  • When the grandparent died without a will and there are multiple heirs (children, grandchildren, or a surviving spouse), each may hold an undivided interest. The grandchild usually cannot become sole record owner without obtaining deeds or a court order addressing those other interests.
  • Failing to record the appropriate deed or estate instrument in the proper county leaves the public record showing the deceased owner and can cause problems with later sales, refinancing, or insurance. Service and notice requirements in the estate process must also be followed so that later title examiners will accept the chain of title.

Conclusion

To remove a deceased grandparent from title in North Carolina and have the property show only in a grandchild’s name, legal ownership must first pass through either a probated will or intestate succession as administered by the clerk of superior court. Once the grandchild’s share is established and any other heirs’ interests are addressed, a deed or estate instrument must be recorded in the county’s register of deeds to place title in the grandchild alone. The key next step is to confirm the existence of a will and, if needed, open or review the estate file with the clerk of superior court.

Talk to a Real Estate Attorney

If a deceased family member still appears on a North Carolina property title and the goal is to show the grandchild as sole owner, our firm has experienced attorneys who can help clarify the inheritance path, prepare the right deed, and navigate the clerk’s office and register of deeds. 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.