Jan242026
Real Estate Q&A Series

Can a lawyer in my state prepare a deed to transfer land located in another state? – North Carolina

Short Answer

Sometimes, but it depends on the other state’s deed rules and whether the work is considered practicing law in that other state. In general, the deed for land is governed by the law and recording requirements of the state (and county) where the land sits, not where the owner lives. A North Carolina lawyer can often help coordinate the process remotely, but many out-of-state transfers still require a lawyer licensed where the land is located to draft or review the deed and recording package.

Understanding the Problem

In North Carolina, the question is whether a North Carolina lawyer can draft a deed that transfers ownership of real estate located in a different state when the owner cannot travel. The key decision point is which state’s law controls the deed’s required wording, signing formalities, and recording steps: North Carolina (where the owner is currently living) or the other state (where the land is located). The practical goal is a deed that the out-of-state county recording office will accept and that actually transfers title under that state’s law.

Apply the Law

Real estate conveyances are generally controlled by the law of the state where the land is located. That means the deed type, required legal description, required witnesses, notarization/acknowledgment language, and any required transfer forms or tax affidavits are typically dictated by the other state and the local recording office. A North Carolina lawyer may be able to assist with gathering information, coordinating signatures and notarization, and communicating with an out-of-state lawyer or title professional, but the safest approach is usually to have the deed drafted or at least reviewed by counsel licensed in the state where the land sits.

Key Requirements

  • Correct governing law: The deed must comply with the deed and recording rules of the state (and county) where the land is located.
  • Recordable document: The deed must meet the receiving county’s formatting and content requirements (including a complete legal description and any required preparer/drafter information).
  • Proper execution: The owner must sign in the manner required by the land’s state (for example, witness requirements vary by state), and the signature must be properly acknowledged/notarized so the deed can be recorded.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The parent is living in North Carolina but wants to transfer land located in another state to an adult child by signing a new deed. Because the land is outside North Carolina, the deed must be drafted and executed in a way that satisfies the other state’s conveyance and recording requirements, and the out-of-state county recorder must accept it. A North Carolina lawyer can often help organize the information and coordinate remote signing and notarization, but the deed language and recording package usually need input from a lawyer licensed where the land is located to reduce the risk of rejection or an ineffective transfer.

Process & Timing

  1. Who files: Typically the new owner (grantee) or the preparing attorney/title company. Where: The recording office for the county where the land is located (often called the Register of Deeds, Recorder, or County Clerk, depending on the state). What: A deed that meets that state’s requirements, plus any required local cover sheets, transfer declarations, or other recording forms. When: Usually as soon as the deed is properly signed and notarized, because recording protects the transfer against later claims in many situations.
  2. Remote signing: The parent can often sign in North Carolina before a notary (and witnesses if required by the land’s state). The notary certificate and any witness requirements must match what the out-of-state recorder will accept.
  3. Recording and confirmation: The deed and any required forms are submitted to the out-of-state county for recording, then the recorded deed (or recording receipt) is returned. If the county rejects the deed, corrections may be needed before it can be recorded.

Exceptions & Pitfalls

  • Unauthorized practice risk: Drafting a deed for land in another state can be treated as practicing law in that other state, depending on the circumstances. Coordination with a lawyer licensed where the land sits often avoids this issue.
  • Wrong deed type or missing language: States use different deed forms and required clauses. A deed that “looks fine” in North Carolina can still be rejected or fail to transfer good title elsewhere.
  • Execution formalities vary: Some states require witnesses, specific acknowledgment wording, or additional certifications. Missing a required witness or using the wrong notary certificate is a common reason for rejection.
  • Recording office requirements: Counties may require specific margins, font sizes, return addresses, or cover sheets. These technical issues can block recording even if the deed is otherwise valid.
  • Capacity and authority issues: If someone signs for the parent under a power of attorney, the land’s state may require specific POA language and recording of the POA before or with the deed.

Conclusion

Often, the deed for out-of-state land must follow the law and recording rules of the state and county where the land is located, even if the owner is living in North Carolina. A North Carolina lawyer may be able to help coordinate a remote signing and assemble information, but many transfers are best handled with drafting or review by counsel licensed where the land sits to ensure the deed is recordable and effective. Next step: confirm the land’s county recording requirements and have the deed prepared or reviewed under that state’s law before signing and recording.

Talk to a Real Estate Attorney

If you’re dealing with a parent who needs to transfer out-of-state land but cannot travel, our firm has experienced attorneys who can help coordinate the deed process, remote signing, and the handoff to the right out-of-state professionals. 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.