Understanding Joint Ownership and Survivorship Rights in North Carolina

In North Carolina, married couples often hold real estate as tenants by the entirety or as joint tenants with right of survivorship. Both forms of ownership include an automatic transfer of title when one owner dies. This transfer generally occurs outside of probate.

The primary statute governing this process is N.C. Gen. Stat. § 47-20. It allows the surviving co-owner to record an affidavit and certified death certificate in the county Register of Deeds, which puts title solely in the survivor’s name.

When Probate Is Not Required

If the deed expressly names both spouses as joint tenants with right of survivorship or tenants by the entirety, the surviving spouse steps into full ownership immediately upon death. You do not need to open a probate estate for the property. Instead, complete these steps:

1. Obtain a certified copy of the death certificate.
2. Prepare an Affidavit of Survivorship identifying the property and confirming the survivorship right. North Carolina Judicial Council Form AOC-E-405 often serves this purpose.
3. Record the affidavit and certified death certificate with the Register of Deeds in the county where the property sits.
4. Pay the standard recording fee.

Once recorded, you hold clear title without probate.

When Probate Becomes Necessary

Probate may still be required if:

• The deed names the deceased spouse alone or as a tenant in common without survivorship language.
• The deed language is ambiguous or omits rights of survivorship.
• The property was never deeded jointly with survivorship in place.
• Other assets in the estate require probate administration (for example, bank accounts, personal property, or sole-owned real estate).

Under Chapter 28A of the North Carolina General Statutes, you must open an estate in the county where the deceased lived or owned land. The personal representative collects assets, pays debts, and distributes property under the will or state law.

Key Steps in North Carolina Probate

When you do need probate for real estate, the basic process includes:

• Filing a petition for probate with the Clerk of Superior Court.
• Appointing a personal representative (formerly known as executor).
• Giving notice to creditors and preparing an inventory of assets.
• Paying valid debts and taxes.
• Distributing remaining property to heirs or beneficiaries.
• Closing the estate once all actions are complete.

Key Points to Consider

• Review your deed to confirm it creates a joint tenancy or tenancy by the entirety with right of survivorship.
• If survivorship applies, avoid probate by recording an affidavit and death certificate under N.C.G.S. § 47-20.
• If the property passes solely through the will or intestacy, plan on opening a probate estate.
• Even with survivorship deeds, other assets may still require probate administration.
• Consult a probate attorney if you’re unsure whether you can record an affidavit or must file for probate.

Contact Pierce Law Group for Help with North Carolina Probate and Deed Transfers

Transferring real estate after a spouse’s death can involve careful review of deed language and statutory requirements. If you have questions about whether you must go through probate or how to file a survivorship affidavit, our attorneys at Pierce Law Group can guide you through each step.

Email us at intake@piercelaw.com or call us at (919) 341-7055 to schedule a consultation.