How Do I Change the Name on a Deed After a Spouse’s Passing in North Carolina?

Detailed Answer

In North Carolina, updating the deed after your spouse dies depends on how you held title. Many married couples hold real estate as tenants by the entirety or as joint tenants with rights of survivorship. In these cases, the property passes automatically to the survivor without probate.

To record this automatic transfer, you must:

• Obtain a certified copy of your spouse’s death certificate.
• Prepare an affidavit of survivorship signed by you as the surviving spouse.
• Gather the original deed or a certified copy.

Bring these documents to the Register of Deeds in the county where the property sits. North Carolina General Statute § 47-17.7 allows this simple recording.

If the deed names your spouse alone or if you held the property as tenants in common, you must transfer title through probate. That process involves:

• Filing a will or petition for letters of administration under Chapter 28A.
• Having the clerk appoint a personal representative under § 28A-13.2.
• Inventorying and valuing estate assets under § 28A-15.2.
• Preparing a deed of distribution or sale under § 28A-15.3 and § 28A-15.4.
• Recording the new deed in the Register of Deeds office.

Key Steps to Changing a Deed After a Spouse’s Passing

• Review your current deed to identify how title is held.
• If held as tenants by the entirety or joint tenants with rights of survivorship, record an affidavit of survivorship and your spouse’s death certificate (G.S. 47-17.7).
• If held individually or as tenants in common, open probate under Chapter 28A.
• Obtain letters of administration or testamentary from the clerk of court.
• Inventory and appraise estate assets under G.S. 28A-15.2.
• Prepare and execute the deed of distribution or sale per G.S. 28A-15.3 and G.S. 28A-15.4.
• Record the new deed with the Register of Deeds.

Need Legal Help?

Transferring title after a spouse’s death has strict legal requirements. Pierce Law Group has experienced attorneys who guide you through every step. For help updating your deed or administering an estate, email us at intake@piercelaw.com or call (919) 341-7055.