Jan232026
Real Estate Q&A Series

How do I transfer an existing deed from one person to another for land I already have recorded information for? – North Carolina

Short Answer

In North Carolina, an “existing deed” is not edited or reassigned. Instead, the current owner signs a new deed that conveys the property to the new owner, the signature is properly notarized (acknowledged), and the new deed is recorded with the Register of Deeds in the county where the land is located. Recording usually also requires paying any applicable deed excise tax and including required transfer-reporting information on the deed.

Understanding the Problem

In North Carolina real estate transfers, the key question is not how to change a recorded deed, but whether the current owner can sign and record a new deed that transfers title to the next owner. When multiple parties must sign and they are in different parts of North Carolina, the practical issue becomes how to complete valid signing and notarization quickly so the Register of Deeds can accept the deed for recording in the correct county.

Apply the Law

North Carolina generally treats a deed transfer as a new written conveyance from the current owner (the “grantor”) to the new owner (the “grantee”). To be recordable, the deed must be properly executed and acknowledged before an official authorized to take acknowledgments (commonly a North Carolina notary public). The deed is then recorded in the county Register of Deeds where the property is located. Recording may also require deed excise tax payment and certain transfer-reporting information on the face of the deed.

Key Requirements

  • Correct deed and parties: The deed must clearly identify the grantor(s), the grantee(s), and the interest being conveyed (for example, full ownership or a partial interest).
  • Proper execution and acknowledgment: The grantor must sign, and the signature must be acknowledged before a proper official (often a notary) so the deed can be recorded.
  • Recordation (and related recording conditions): The signed and notarized deed must be recorded with the Register of Deeds in the county where the land is located, along with any required transfer information and any applicable excise tax payment.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the recorded deed reference information and property address help identify the correct legal description and the county Register of Deeds where the new deed must be recorded. The transfer still requires a new deed signed by the current owner(s) as grantor(s), with signatures properly notarized, and then recorded. Because the parties are in different parts of the jurisdiction and the turnaround is short, the main risk is a signing/notary problem (wrong person signs, missing acknowledgment, or inconsistent names) that causes the Register of Deeds to reject the deed or creates a title problem later.

Process & Timing

  1. Who files: Typically the grantor, grantee, or the person handling the closing/transfer. Where: The Register of Deeds in the North Carolina county where the land is located. What: A new deed (often a general warranty deed, special warranty deed, or quitclaim deed depending on the situation) that includes the prior recorded deed reference and the full legal description, plus any required transfer-reporting information. When: As soon as the deed is fully signed and notarized, especially if there is a time-sensitive reason to get the new owner on title.
  2. Signing logistics: If multiple grantors must sign and they are in different places, each grantor can sign before a notary where that person is located, as long as the deed is properly acknowledged. The signed originals must be gathered for recording; many Registers of Deeds require an original wet-ink signature for recording, so planning for shipping/courier time matters.
  3. Recording and confirmation: Submit the executed deed for recording and pay any applicable deed excise tax required before recording. After recording, obtain the book/page (or instrument number) and a certified copy if needed for proof of the transfer.

Exceptions & Pitfalls

  • Wrong tool (trying to “change” the old deed): A prior recorded deed usually cannot be revised to change ownership; the fix is recording a new deed from the current owner to the new owner.
  • Notary/acknowledgment defects: Missing or incorrect acknowledgments are a common reason for rejection or later title issues. The acknowledgment must match the signer and the deed.
  • Power of attorney issues: If someone signs for an owner under a power of attorney, the power of attorney may need to be recorded and referenced as required by North Carolina law. See N.C. Gen. Stat. § 47-28.
  • Excise tax and transfer information: Recording may require deed excise tax payment (N.C. Gen. Stat. § 105-228.30) and transfer-reporting information on the deed (N.C. Gen. Stat. § 105-317.2). Even when a transfer is between family members or part of a non-sale transaction, the recording office may still require specific statements or forms.
  • Using the wrong deed type: A quitclaim deed transfers whatever interest the grantor has (if any) without warranties, while warranty deeds include promises about title. Choosing the wrong deed can create avoidable risk or confusion.

Conclusion

In North Carolina, transferring land from one person to another requires a new deed from the current owner to the new owner, signed and properly notarized, then recorded with the Register of Deeds in the county where the property is located. Recording may also require deed excise tax payment and specific transfer-reporting information on the deed. The most important next step is to prepare the correct deed and record it with the county Register of Deeds as soon as all signatures are notarized.

Talk to a Real Estate Attorney

If a deed transfer needs to happen quickly and multiple parties are signing from different locations, small paperwork issues can delay recording. Our firm has experienced attorneys who can help prepare the correct deed, coordinate signing and notarization, and confirm the county recording requirements 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: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.