Jan292026
Probate Q&A Series

If the deed lists two deceased owners, do I need to open estates for both of them to transfer the property to me? – North Carolina

Short Answer

Not always. In North Carolina, whether estates must be opened for both deceased owners usually depends on (1) how the two owners held title on the deed (survivorship vs. no survivorship) and (2) whether the property needs to be sold or refinanced within two years of either death. If the deed created a right of survivorship, the first owner’s death may not require an estate to transfer that owner’s interest; the second owner’s death may still require probate steps to move title to heirs or devisees.

Understanding the Problem

In North Carolina probate, the key question is: when a deed shows two owners and both later die, can the home be transferred into an heir’s name without opening one or two estate files with the Clerk of Superior Court. The answer turns on what the deed says about survivorship and whether the transfer needs a court-backed process to clear title for a lender or a future buyer. This issue often comes up when a family member has stayed in the home long-term and kept up with bills or mortgage payments after both owners died.

Apply the Law

North Carolina treats co-ownership on a deed differently depending on whether the deed creates a survivorship form of ownership. If the deed creates a joint tenancy with right of survivorship (or a married couple holds title as tenants by the entirety), the surviving co-owner typically becomes the sole owner automatically at the first death. If the deed does not create survivorship, the owners are generally tenants in common, and each owner’s share passes at death through a will (if any) or through intestacy to heirs—often requiring probate-related steps to establish who can sign a deed and deliver marketable title.

Key Requirements

  • How the deed is titled: The deed language controls whether the first death transfers the decedent’s interest automatically to the other owner (survivorship) or whether that share passes through an estate.
  • Whose death is the “title break”: Even if survivorship handled the first death, the second death is usually the point where heirs/devisees must be identified and a transfer recorded to move title out of the deceased owner’s name.
  • Timing and creditor-risk for real estate transfers: If heirs/devisees transfer or encumber real estate within two years of death without proper creditor notice/probate steps, the transaction can be vulnerable. This timing issue often drives whether opening an estate is the safer route for a sale or refinance.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The deed lists two owners, and both later died while a family member remained in the home and continued paying ongoing expenses. If the deed included survivorship language, the first death likely moved that person’s interest to the other owner without opening an estate for the first death, and the main “title problem” becomes transferring the now-sole owner’s interest after the second death. If the deed did not include survivorship language, each owner’s share likely passed through that owner’s estate, which can mean probate steps are needed for both deaths to create a clean chain of title into the current heir’s name.

Process & Timing

  1. Who files: typically an heir, a person named as executor in a will, or another interested person. Where: the Clerk of Superior Court (Estates) in the county where the decedent lived at death; for recording title documents, the Register of Deeds in the county where the property is located. What: the needed filings depend on whether there is a will and whether a personal representative must be appointed; at minimum, the deed and death documentation usually must be addressed to clear title. When: timing matters most if a sale or refinance is planned soon after death, especially within two years.
  2. Confirm the deed’s ownership type: review the recorded deed for phrases like “with right of survivorship” or “joint tenants with right of survivorship,” and confirm whether the two owners were married (which may indicate tenancy by the entirety). This determines whether the first death required an estate to move that share.
  3. Choose the cleanest title path for the second death: if the goal is to transfer the home into one person’s name (or to sell/refinance), the usual next step is to complete the probate-related process needed to identify the proper heirs/devisees and record a deed from the proper signing authority (or from all heirs/devisees, depending on the situation).

Exceptions & Pitfalls

  • Assuming survivorship without checking the deed: In North Carolina, co-ownership defaults to tenancy in common unless the deed clearly creates survivorship, so the exact wording matters.
  • Skipping probate when there is a will: If there is a will, probating it is often necessary to establish the devisees’ title path, even if the estate has little personal property.
  • Trying to “DIY” a deed without the right signer: A deed signed by someone without legal authority (for example, one heir signing for everyone) can create a cloud on title that later blocks a sale or refinance.
  • Two deaths can mean two title steps: Even when only one estate is opened, the chain of title still has to account for both deaths (for example, survivorship at the first death, then inheritance at the second).

Conclusion

In North Carolina, opening estates for both deceased owners is not automatic. If the deed created a right of survivorship, the first owner’s death may not require an estate to transfer that interest, but the second owner’s death usually still requires probate steps to identify who can legally transfer title. The practical next step is to confirm the deed language and then file the appropriate estate paperwork with the Clerk of Superior Court so a proper deed can be recorded with the Register of Deeds, especially if a transfer is needed within two years of death.

Talk to a Probate Attorney

If a deed lists two deceased owners and the goal is to transfer the home into a family member’s name, a probate case (or a targeted probate filing) may be needed to clear title and protect a future sale or refinance. Our firm has experienced attorneys who can help explain the options and timelines under North Carolina law. 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: 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.