Dec252025
Probate Q&A Series

How do I check public records to see whether real estate titles or deeds were changed without proper authority? – North Carolina

Short Answer

In North Carolina, the most direct way to check whether a deed or title was changed without proper authority is to review the county Register of Deeds records for each property and compare the recorded deed history to who had legal authority to sign. The search usually focuses on (1) the most recent deed into and out of the decedent’s name, (2) any deeds signed by an “agent” under a power of attorney, and (3) the recorded power of attorney and notary acknowledgment details. If records show an unexpected transfer, the next step is typically to gather the recorded documents and confirm authority through estate and power-of-attorney records before deciding what legal remedy fits.

Understanding the Problem

In North Carolina probate matters, a common question is how to confirm—using public records—whether a parent’s real estate was transferred or retitled without proper authority. The core issue is whether the county land records show a deed or other recorded instrument that changed ownership, and whether the person who signed had legal authority at the time. The trigger for this review often occurs after a death when heirs or devisees compare what the will says with what county records show for each property.

Apply the Law

North Carolina treats recorded land records as the starting point for determining what instruments were filed against a parcel and who signed them. Deeds and other instruments affecting real property are typically recorded in the Register of Deeds office in the county where the land is located. When a transfer was signed by an agent (rather than the owner), North Carolina law generally expects the recorded chain to point to the authority used—often a recorded power of attorney—so the public record can be checked for whether that authority existed and where it was recorded.

Key Requirements

  • Identify the correct property and county: A title check starts with the parcel address, tax parcel number, or prior deed reference, and it must be run in the county where the land sits.
  • Pull the full deed chain and related filings: The review should include deeds, deeds of trust, releases, and any affidavits or other recorded instruments that purport to affect ownership.
  • Verify signing authority shown (or missing) in the record: If the deed was signed by an “agent,” the record should be checked for a recorded power of attorney and whether the deed references the book/page where that power of attorney was recorded.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, a parent died with a will and multiple properties in North Carolina, and a child suspects visible “lifetime” transfers or title changes that did not match the family’s understanding of how the house was supposed to be shared. A careful Register of Deeds search for each property can confirm whether any deed out of the parent’s name was recorded before death, who signed it, and whether it was signed personally or through an agent. If a deed shows an agent signature, the next check is whether the public record includes a power of attorney (and whether the deed points to its recording information). Separately, estate filings with the Clerk of Superior Court can help confirm what real estate should have passed under the will versus what had already been transferred during life.

Process & Timing

  1. Who searches: Any interested person. Where: The Register of Deeds in the county where each property is located (and often online through the county’s public search portal). What: Pull the most recent deed into the parent’s name, then work forward to the most recent deed out of the parent’s name; also pull any “agent-signed” deeds, powers of attorney, and related instruments referenced by book/page. When: As soon as a concern arises, especially before refinancing, listing, or distributing real estate based on assumptions.
  2. Cross-check authority: If an agent signed, obtain the recorded power of attorney (or certified copy, if recorded) and verify it was recorded and that the deed references its recording location; if the transfer happened near death or during incapacity, collect the signature/acknowledgment pages for closer review.
  3. Confirm probate-side records: File review with the Clerk of Superior Court in the estate file for the will, the order admitting the will to probate, and the appointment of the personal representative; then compare what the will devises with what the land records show was owned at death.

Exceptions & Pitfalls

  • Assuming a will controls title by itself: A will can only pass real estate the decedent owned at death; if the deed records show a lifetime transfer out of the decedent’s name, that property may not be part of the probate estate.
  • Stopping at the “last deed” only: Deeds of trust, releases, affidavits, and other filings can help reveal who was involved and whether there was a broader plan or pressure campaign. A complete pull of referenced instruments (book/page) often matters.
  • Overlooking “agent” signatures and missing authority documents: A deed signed “as agent” commonly signals a power of attorney issue. The land record should be checked for whether a power of attorney was recorded and whether the deed identifies where it was recorded.
  • Not checking multiple counties: For families with multiple properties, each county has its own Register of Deeds. A clean record in one county does not prove other counties are clean.
  • Confusing recording defects with authority defects: Some acknowledgment or recording issues do not automatically prove lack of authority. The key question remains whether the signer had legal authority and whether the instrument is legally effective.

Conclusion

In North Carolina, checking for deed or title changes made without proper authority starts with the county Register of Deeds records for each property and a careful review of the deed chain, signatures, and any “agent” language. If an agent signed, the public record should be checked for a recorded power of attorney and for deed references to where that authority was recorded. The practical next step is to obtain copies of the recorded deeds and any recorded power of attorney from the Register of Deeds and compare them to the estate file maintained by the Clerk of Superior Court.

Talk to a Probate Attorney

If a parent’s property records suggest a deed or title change that does not match the will or family understanding, a probate attorney can help gather the right recorded documents, verify authority, and map out the 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: Probate 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.