Dec302025
Probate Q&A Series

How can I confirm from the old deed whether the married co-owners had survivorship and what that means for my share today? – North Carolina

Short Answer

In North Carolina, survivorship in real estate usually shows up in the deed’s exact ownership wording. If the deed put the married couple in a form of ownership with survivorship (most commonly “tenants by the entirety”), the surviving spouse typically became the sole owner automatically at the first spouse’s death, and the deceased spouse’s interest did not pass through intestacy. If the deed did not create survivorship, the deceased spouse’s share generally passed to heirs at death (subject to the surviving spouse’s intestate share), which can affect what share exists today.

Understanding the Problem

In North Carolina probate, the key question is whether the old deed’s wording created a survivorship form of co-ownership between a married couple, so that when the first spouse died the property automatically became owned by the surviving spouse. If survivorship applied, the first spouse’s interest did not pass through intestacy to a child at that time. If survivorship did not apply, the first spouse’s share would have passed at death to heirs (including a child), which can change what ownership share exists today for the home parcel and the adjacent parcel.

Apply the Law

North Carolina recognizes different ways two people can co-own real estate, and the deed’s language usually controls which type was created. The big dividing line is survivorship: with survivorship, the deceased owner’s share transfers automatically to the surviving co-owner at death; without survivorship, the deceased owner’s share passes by will or intestacy. For married couples, the most common survivorship ownership is “tenancy by the entirety,” which generally means the surviving spouse owns the whole property at the first spouse’s death.

Key Requirements

  • Identify the deed’s ownership label: Look for phrases such as “tenants by the entirety,” “joint tenants with right of survivorship,” or wording that clearly states survivorship.
  • Confirm the co-owners were married when they took title: Tenancy by the entirety depends on a valid marriage at the time of the conveyance and typically applies when the deed conveys to spouses together.
  • Match the ownership type to the transfer-at-death result: Survivorship ownership generally transfers outside intestacy; non-survivorship ownership generally passes at death to heirs (and may require estate administration steps to clear title).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The old deed may list the decedent and a stepparent as co-owners, and the deed’s wording will usually determine whether survivorship applied. If the deed created tenancy by the entirety (a common form for spouses), the stepparent likely became the sole owner automatically at the decedent’s death, meaning there may have been no inheritable real estate interest for the child at that time. If the deed instead created a non-survivorship co-ownership (often a tenancy in common), the decedent’s share would have passed at death through intestacy, and the surviving spouse’s share would be determined under North Carolina’s intestacy rules.

Process & Timing

  1. Who pulls the deed: A family member, heir, or attorney. Where: The Register of Deeds in the county where the property is located in North Carolina. What: The recorded deed (and any later deeds, deeds of trust, or recorded survivorship-related instruments affecting title). When: As soon as possible, because later transfers may depend on what happened at the first death.
  2. Read the granting and habendum clauses: These parts of the deed often contain the ownership language (for example, “tenants by the entirety” or “joint tenants with right of survivorship”). Also confirm the names, marital status indicators, and whether the deed covers one parcel or both parcels (home and adjacent parcel).
  3. Match the deed type to the probate path: If survivorship applied, the property typically passed automatically to the survivor and later transfers should trace from the survivor. If survivorship did not apply, the chain of title often requires estate documents (for example, an estate file, heirship steps, or later conveyances by heirs) to explain how the decedent’s share moved forward.

Exceptions & Pitfalls

  • Assuming “husband and wife” always equals survivorship: Many deeds to spouses do create tenancy by the entirety, but the safest approach is to rely on the recorded deed language and the full chain of title, not assumptions.
  • Confusing “joint tenants” with “joint tenants with right of survivorship”: In North Carolina, survivorship generally must be clearly stated in the instrument when survivorship is intended; vague or incomplete wording can lead to disputes about what was created.
  • Overlooking that each parcel can have different title: The home and the adjacent parcel may have been acquired by different deeds at different times, with different ownership language, which can produce different survivorship results.
  • Probate vs. non-probate transfer confusion: Survivorship property usually transfers outside intestacy, but it may still matter in estate administration in limited situations (for example, if assets are needed to pay valid claims), so the estate file can still be relevant even when survivorship exists.

Conclusion

In North Carolina, confirming survivorship starts with the exact wording in the recorded deed. If the deed created survivorship ownership between spouses (most commonly tenancy by the entirety), the surviving spouse typically became the owner automatically at the first spouse’s death, and the deceased spouse’s interest did not pass to heirs through intestacy. If the deed did not create survivorship, the deceased spouse’s share generally passed at death through intestacy, and the surviving spouse’s share is governed by North Carolina’s intestacy statute. The next step is to obtain the recorded deed from the county Register of Deeds and review the ownership language for each parcel.

Talk to a Probate Attorney

If there is uncertainty about whether an old North Carolina deed created survivorship between spouses and how that affects an heir’s share today, our firm has experienced attorneys who can help review the deed language, the chain of title, and the estate records to identify the correct ownership path 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.