If my relative deeds the house to me now, does that override what the will says about who gets the house? – North Carolina

Short Answer

Usually, yes. In North Carolina, a will generally controls only what the person owns at death, so if the home is validly deeded away during life, the will typically no longer has that house to give. That said, the details matter—especially whether the deed was properly signed, delivered, and recorded, and whether the relative kept any ownership interest.

Understanding the Problem

In North Carolina estate planning, the key question is: if an older relative signs a deed transferring a home into a family member’s name now, can the will still control who receives that same home later. This issue often comes up when the will already leaves the home to the same person, but the family wants to transfer the title sooner while another family member is living in the home. The decision point is whether the home will be owned by the relative at death (will controls) or already owned by someone else because of a lifetime transfer (deed controls).

Apply the Law

Under North Carolina law, a will generally passes only the property the person owns (or has the power to dispose of) at the time of death. If the relative transfers the home during life by deed so that the relative no longer owns it at death, the will typically has nothing left to transfer for that particular house. North Carolina also has a statute that says a later conveyance does not automatically “revoke” the will; instead, the will still operates on whatever interest the person still owns at death (if any). In practice, that means a deed can effectively override the will as to the house by removing the house from the estate.

Key Requirements

The relative must still own an interest at death for the will to control: If the relative deeds away 100% ownership now, the will usually cannot give the house later because it is no longer part of the estate.
The deed must be a valid present transfer: A deed is meant to transfer ownership now, not “later.” Problems can arise if the deed was not properly executed, delivered, or accepted, or if it was signed but never actually treated as a completed transfer.
Any retained interest changes the outcome: If the relative keeps an ownership interest (for example, by reserving a life estate or keeping a partial interest), then the will may still control whatever interest remains at death.

What the Statutes Say

N.C. Gen. Stat. § 31-40 (What property passes by will) – A will generally disposes of property the testator is entitled to at death.
N.C. Gen. Stat. § 31-5.6 (No revocation by subsequent conveyance) – A later conveyance does not, by itself, stop the will from operating on whatever interest the person still has power to dispose of at death.
N.C. Gen. Stat. § 105-317.2 (Report on transfers of real property) – Certain transfer information must be included in deeds; failure to include it does not necessarily invalidate a recorded deed.

Analysis

Apply the Rule to the Facts: The will already leaves the home to the intended recipient, but the older relative is considering deeding the home now. If the relative signs and completes a deed transferring full ownership now, the home is typically no longer part of the relative’s probate estate, so the will’s gift of the house usually becomes irrelevant because there is no house left in the estate to distribute. If, instead, the relative transfers only part of the ownership or keeps a life estate, the will may still control whatever interest remains at death.

Process & Timing

Who signs: the current owner (the relative/grantor). Where: the deed is typically recorded with the Register of Deeds in the North Carolina county where the property is located. What: a properly prepared deed (often a general warranty deed or quitclaim deed, depending on the goal) with required transfer information. When: as soon as the transfer decision is made, because recording helps prevent later title disputes.
Title follow-through: confirm the deed was recorded and that the recorded deed matches the intended ownership (for example, whether the relative kept any interest). If the plan is to avoid probate, confirm the home is titled in a way that will not require probate to transfer it later.
Occupancy planning: if another family member lives in the home, the transfer plan should address whether that person has a lease, a right to stay, or any written agreement. If the new owner wants the ability to remove an occupant later, the owner typically needs clear documentation of the occupant’s status and must follow North Carolina’s landlord-tenant and eviction procedures if removal becomes necessary.

Exceptions & Pitfalls

“Deeding it now” can create unintended control problems: once the deed transfers ownership, the new owner generally controls the property, and the older relative may lose the ability to change course later without the new owner’s cooperation.
Occupant disputes: transferring title does not automatically remove a long-term occupant. If the occupant refuses to leave, the owner may need a formal eviction process, and informal family arrangements can become evidence disputes later.
Probate avoidance is not the only goal: a deed now may avoid probate for the house, but it can increase the chance of family conflict during the relative’s lifetime and can complicate benefits planning or creditor issues depending on the situation.
Tax planning is fact-specific: transferring during life versus at death can change future tax results when the home is sold. A tax attorney or CPA should review the plan before signing a deed.

For more background on planning options, see the discussion of using a will versus a trust for passing on a home and how a trust can keep a home out of probate compared to a will.

Conclusion

In North Carolina, a deed that validly transfers the home during the owner’s lifetime will usually control over a will provision about that same home, because a will generally passes only what the person owns at death. If the owner keeps any interest (such as a life estate), the will may still control what remains at death. The most practical next step is to have an attorney prepare the correct deed and record it with the county Register of Deeds before any planned transfer date.

Talk to a Estate Planning Attorney

If you’re dealing with a planned home transfer that could conflict with what a will says, our firm has experienced attorneys who can help you understand your options 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.