What documents do I need to prepare new deeds if I can’t find the originals from closing? – North Carolina

Short Answer

In North Carolina, missing “original” closing deeds usually does not stop a transfer into a revocable living trust because the controlling document is the deed as recorded in the county Register of Deeds. The key first step is to obtain a certified copy (or a plain copy) of the recorded deed for each property and use it to prepare a new deed from the current owners to the trust’s trustee. Most transfers also require proper signatures, notarization, and recording in the county where the land is located.

Understanding the Problem

In North Carolina estate planning, a common question is: can new deeds be prepared to transfer real estate into a revocable living trust when the original deeds from closing cannot be located? The decision point is whether the recorded deed information can be located in the county land records so the new deed can accurately identify the current owners, the exact legal description, and the proper “from” and “to” parties for the trust transfer.

Apply the Law

North Carolina treats the county land records maintained by the Register of Deeds as the place where deeds are recorded and where later users confirm ownership history and legal descriptions. When an “original” closing deed is missing, the practical solution is to pull the recorded deed from the Register of Deeds and use that recorded information to prepare and record a new deed transferring the property from the current owners to the trustee of the revocable living trust. The new deed must be executed with the required signatures and proper acknowledgment so the Register of Deeds can accept it for recording.

Key Requirements

Recorded deed information: A copy of the currently recorded deed (ideally a certified copy) showing the current owners, the book/page or instrument number, and the legal description that must carry forward into the new deed.
Correct “grantor” and “grantee” names: The deed must list the current titleholders as grantors and the trust’s trustee (by name and trustee capacity) as grantee, consistent with the trust documents.
Valid execution and acknowledgment: The grantors must sign, and the deed must be properly acknowledged (typically before a notary) so the Register of Deeds can record it.

What the Statutes Say

N.C. Gen. Stat. 161-15 (Register of Deeds; certified copies) – Describes the Register of Deeds’ role in certifying copies presented with an original conveyance for registration and recording from the certified copy in multi-county contexts.
N.C. Gen. Stat. 161-22.1 (Indexing of conveyances by certain grantors) – Requires indexing practices that help locate instruments by the people whose interests are being conveyed in certain transactions.

Analysis

Apply the Rule to the Facts: The properties are jointly owned and the goal is to deed them into a revocable living trust. Because the original closing deeds cannot be found, the starting point is to obtain the recorded deeds from the Register of Deeds for each North Carolina property (or the equivalent recording office if a property is outside North Carolina) and confirm the vesting and legal description. With that information, a new deed can be prepared from the current owners to the trustee of the trust and then executed, notarized, and recorded.

Process & Timing

Who files: The current owners (or their attorney) typically arrange the filing. Where: The Register of Deeds in the North Carolina county where the property is located. What: (1) A copy or certified copy of the last recorded deed for reference, and (2) a newly drafted deed transferring the property to the trust’s trustee, with a completed acknowledgment and any county-required recording cover sheet. When: Before the transfer is needed for estate planning goals and before any refinance, sale, or other transaction that requires clear, updated title.
Confirm signatures and capacity: Verify how title is currently held (for example, both spouses as owners versus one spouse only). The new deed must be signed by every person who is currently on title, and it should name the trustee exactly as shown in the trust paperwork.
Record and keep proof: After recording, obtain the recorded instrument and keep it with the estate planning binder. Many offices provide a recorded copy (or allow ordering one) after indexing is complete.

Exceptions & Pitfalls

Property outside North Carolina: North Carolina rules do not control recording in another state. The correct approach is to obtain the recorded deed from that property’s local recording office and follow that jurisdiction’s deed form and execution rules.
Incorrect legal description: Re-typing a description from memory or a tax card can cause defects. The safest practice is to pull the legal description directly from the last recorded deed (and any recorded plats it references).
Missing a required signer: If both spouses are on title, both usually must sign the new deed. If only one spouse is on title, transferring into a trust without addressing marital rights can create issues later and may require additional documents.
Notary and recording rejections: Deeds commonly get rejected for incomplete acknowledgments, name mismatches, or missing county-specific recording requirements. A quick pre-check with the Register of Deeds can prevent rework.

Conclusion

In North Carolina, missing original closing deeds usually means the recorded deed must be located and used as the foundation for preparing a new deed into a revocable living trust. The essential documents are the recorded deed (often as a certified copy), the trust information needed to name the trustee correctly, and a properly signed and notarized new deed that can be recorded with the county Register of Deeds. The next step is to request the recorded deed from the Register of Deeds and use it to draft the trust-transfer deed for recording.

Talk to a Estate Planning Attorney

If deed transfers into a revocable living trust are on the to-do list and the closing paperwork is missing, an estate planning attorney can help locate the recorded deeds, confirm who must sign, and prepare recordable documents that match the land records. 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.