What steps are required to make sure the deed transfer is properly recorded in the state where the land is located? – North Carolina

Short Answer

In North Carolina, a deed transfer is properly recorded when (1) the deed is correctly drafted with the right legal description and parties, (2) the grantor signs it and the signature is properly notarized (acknowledged), and (3) the original deed is delivered to the Register of Deeds in the county where the land is located for recording, along with any required transfer tax reporting and recording fees. Recording is county-based, so the correct Register of Deeds office matters. If the parent cannot travel, the deed can usually still be signed and notarized where the parent is located, as long as the acknowledgment is done correctly for North Carolina recording.

Understanding the Problem

Under North Carolina real estate law, the practical question is: can a parent who is physically located outside North Carolina sign a new deed to transfer North Carolina land to an adult child, and what steps must be followed so the Register of Deeds in the county where the land sits will accept and record it? The decision point is whether the deed is executed (signed and notarized) in a form that North Carolina recording offices will treat as recordable, even when the signing happens out of state.

Apply the Law

North Carolina uses a county recording system. Deeds are recorded in the Register of Deeds office for the county where the property is located. For a deed to be recordable, it generally must be in recordable form (proper parties, proper property description, and proper execution) and it must include a valid acknowledgment (notarization) or other acceptable proof of execution. When a deed is presented for recording, the person presenting it must also address North Carolina’s excise tax reporting/collection requirements (even if the tax due is $0 because an exemption applies) and pay the county’s recording fees.

Key Requirements

Recordable deed content: The deed must correctly identify the grantor (parent) and grantee (adult child), clearly state the interest being conveyed, and include a legal description that matches the land being transferred (often by referencing the prior recorded deed and/or including a metes-and-bounds or lot description).
Proper execution and acknowledgment: The parent must sign the deed, and the signature must be properly acknowledged before an authorized notary or officer, with the required notarial certificate and seal where applicable.
Proper county recording and tax/fee handling: The deed must be submitted to the Register of Deeds in the county where the land is located, with the required excise tax reporting and payment (or reporting of an exemption) and the recording fees, so the Register can record and index it.

What the Statutes Say

N.C. Gen. Stat. § 47-5 (Officer seal on acknowledgment/probate) – Describes when an official seal is required on the certificate of acknowledgment/proof for an instrument presented for recording.
N.C. Gen. Stat. § 105-228.32 (Deed must be marked to reflect excise tax paid) – Requires the person presenting the deed for recording to report the excise tax due; the Register of Deeds must collect the tax due and mark the instrument before recording.

Analysis

Apply the Rule to the Facts: The facts describe a parent who lives with the caller outside North Carolina but owns land in North Carolina and wants to transfer it to an adult child by signing a new deed. That can work if the deed is prepared with the correct North Carolina legal description and the parent signs it with a proper acknowledgment that North Carolina will accept for recording. The final step is delivering the original signed deed to the Register of Deeds in the North Carolina county where the land is located, along with excise tax reporting (even if exempt) and the county’s recording fees, so the deed is recorded and indexed.

Process & Timing

Who files: The grantor, the grantee, or the closing/recording agent. Where: The Register of Deeds in the North Carolina county where the land is located. What: The original signed deed with a complete notarial acknowledgment, plus any county-required excise tax/transfer tax reporting and the recording fee. When: As soon as practical after signing, because delays can create title and priority problems if another document is recorded first.
Execution step (remote-friendly): The parent can usually sign in the state where the parent is physically located, before a notary authorized there, as long as the notarial certificate is completed correctly and includes the notary’s seal if required. If the acknowledgment is incomplete or uses a form the county rejects, the Register of Deeds may refuse recording or require corrective work.
Confirmation step: After recording, obtain a certified copy or a recorded copy showing the book/page or instrument number and recording date/time. Also confirm the deed appears in the county’s public index under the grantor and grantee names.

Exceptions & Pitfalls

Wrong county: Recording must happen in the county where the land is located. Sending the deed to the wrong Register of Deeds delays recording and can create avoidable risk.
Notarial problems: Missing or incorrect acknowledgment language, missing notary seal where required, expired commission, or name/signature mismatches commonly cause rejection or later title issues. The acknowledgment must be completed in a way North Carolina recording offices will accept.
Legal description errors: Using a street address alone, copying the wrong parcel, or omitting key description language can make the deed hard to insure or even unclear as to what was conveyed.
Excise tax handling: Even when a transfer is a gift or otherwise exempt, the recording package typically still needs correct excise tax reporting so the Register can mark the instrument as required by law.
Capacity and authority issues: If the parent is signing through an agent (power of attorney) or has capacity concerns, the deed may require additional review and documentation to avoid later challenges.

For more background on deed transfers within a family, see what kind of deed should be used and what documents are typically needed.

Conclusion

To make sure a deed transfer is properly recorded in North Carolina, the deed must be drafted with the correct parties and legal description, signed by the parent, and properly notarized so it is recordable. The original signed deed must then be submitted to the Register of Deeds in the North Carolina county where the land is located, with excise tax reporting/collection handled and recording fees paid. The most important next step is to record the deed promptly with the correct county Register of Deeds.

Talk to a Real Estate Attorney

If a parent is transferring North Carolina land to an adult child and the signing must happen out of state, our firm has experienced attorneys who can help coordinate deed preparation, execution, and county recording requirements so the document is accepted and indexed correctly. Call us today at [CONTACT NUMBER].

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.