Can I use North Carolina’s small estate affidavit to transfer real property if it’s the only asset?

Detailed Answer

North Carolina’s small estate affidavit process only applies to a decedent’s personal and intangible property. You cannot use it to transfer real estate. Under North Carolina General Statutes § 28A-25-1, an heir or beneficiary may collect certain assets directly when the estate’s total personal property does not exceed $20,000 and the decedent died more than 30 days earlier. That statutory procedure does not cover any interest in land or buildings.

If real property is the only asset, you must open a formal probate estate. Even when the estate holds only a single residence, you need to file a petition for probate, appoint a personal representative, obtain letters testamentary or letters of administration, and then record a deed transferring title. This supervised or unsupervised administration ensures the transfer follows North Carolina’s intestate or testamentary rules, settles creditors’ claims, and provides clear title to the new owner.

Attempting to skip probate by using a small estate affidavit for real property will leave you without legal authority to record a deed. Recording an improper instrument can lead to rejection at the register of deeds and potential liability for conveying title incorrectly.

In some cases, you may transfer real property outside of probate if the title already names joint owners with right of survivorship or a transfer-on-death deed exists. Otherwise, full probate administration under G.S. 28A-25-1 and related statutes remains the required path.

Key Points to Consider

• Small estate affidavits apply only to personal and intangible property under $20,000. G.S. 28A-25-1.
• Real property must transfer through probate unless joint tenancy or a valid transfer-on-death deed exists.
• Probate requires filing a petition, appointing a personal representative, and obtaining letters of administration or testamentary.
• Creditors get notice and may file claims during the probate process to protect purchasers and heirs.
• Recording a deed without proper authority can delay closing and expose you to legal challenges.

Next Steps and Assistance

If you hold only real property in a decedent’s name, plan for probate administration. Our attorneys at Pierce Law Group guide families through every step in North Carolina. We explain deadlines, prepare required documents, and represent you before the clerk of superior court.

Contact Pierce Law Group today to discuss your situation. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.