Can my surviving parent sign paperwork through a power of attorney to transfer their interest in the inherited house? – North Carolina

Short Answer

Often, yes—under North Carolina law, a surviving parent can usually have an agent sign a deed on the parent’s behalf using a valid power of attorney (POA), as long as the POA actually grants real-estate authority and it is properly recorded for the county where the property is located. The POA does not “fix” the underlying title by itself; it only allows the parent’s signature to be made by an agent. If the property records still show multiple heirs or errors, the correct solution may require additional probate or title-curative documents beyond a POA-signed deed.

Understanding the Problem

In North Carolina probate, the key question is whether a surviving parent (as an heir or owner of record) can transfer that parent’s share of an inherited house when the parent cannot or does not want to sign personally. The decision point is whether a valid power of attorney exists that authorizes an agent to sign real-estate transfer documents for the parent, and whether that authority can be used to sign and record a deed that conveys the parent’s interest. This question often comes up after an estate administration is completed but the Register of Deeds records still show multiple heirs or a title problem that prevents a clean transfer.

Apply the Law

In North Carolina, an agent can sign a deed for a principal under a power of attorney if the POA grants the needed authority and the recording rules are followed. For real property transfers, North Carolina requires the power of attorney (or a certified copy) to be recorded in a Register of Deeds office before an agent-executed transfer, with specific reference information included when recording in other counties. Even when a POA is usable, the deed can only convey whatever interest the surviving parent actually owns—so if other heirs still have interests of record, a POA from one person will not transfer everyone’s shares.

Key Requirements

The parent must have an ownership interest to transfer: A POA cannot create ownership. It only lets an agent sign for the parent to convey the parent’s existing share (if any).
The POA must authorize real-estate transactions: The document should grant authority to handle real property (not just banking or medical decisions), and it must be effective at the time of signing.
The POA must be recorded for real estate work: For deeds signed by an agent, the POA (or certified copy) should be recorded and the deed should reference the recording details so the Register of Deeds can index it correctly.

What the Statutes Say

N.C. Gen. Stat. § 47-28 (Powers of attorney; recording for real property transfers) – Requires recording a POA (or certified copy) for agent-signed real estate transfers and explains cross-county reference requirements.
N.C. Gen. Stat. § 29-13 (Intestate succession; descent and distribution) – States that property of a person who dies without a will passes to heirs, subject to administration costs and lawful claims.

Analysis

Apply the Rule to the Facts: Here, an estate administration was completed, but a later title review reportedly shows multiple heirs and errors still appearing in the property records. If the surviving parent is one of the people who still holds an interest of record (or is an heir whose interest needs to be conveyed), a properly drafted and recorded POA can allow an agent to sign a deed transferring the parent’s share. However, if other heirs also appear on title (or should appear based on the estate), the parent’s POA cannot transfer those other interests, and the title problem may require additional documents or a court process to correct the chain of title.

Process & Timing

Who signs: The agent (attorney-in-fact) signs for the surviving parent. Where: The Register of Deeds in the North Carolina county where the house is located (and/or where the parent is domiciled, depending on the recording approach). What: Record the POA (or certified copy) and then record the deed signed by the agent, making sure the deed references the POA’s book/page and county as required. When: Record the POA before the deed whenever possible to avoid indexing and closing delays.
Title cleanup step: If the deed alone will not clear title (because multiple heirs are still in the chain or there are errors), a title-curative plan is usually needed first—often involving confirming heirs, confirming what was recorded during the estate, and preparing corrective instruments that match what the Clerk of Superior Court file and the deed records require.
End result: A recorded deed that conveys the surviving parent’s interest (only), plus any additional recorded corrective documents needed so the public record matches the intended ownership.

Exceptions & Pitfalls

A POA cannot transfer other heirs’ shares: If multiple heirs own the property, each owner must sign (personally or through their own valid POA), or a court process (such as partition) may be needed if someone will not cooperate.
POA scope problems: A general “financial” POA may still be challenged if it does not clearly grant real-property authority. Lenders and title companies often scrutinize POAs closely.
Recording and reference errors: If the POA is not recorded or the deed does not reference the POA recording information correctly, the Register of Deeds indexing can be messy and a closing can stall—even if the deed is otherwise valid under the statute.
Capacity and validity concerns: If the parent lacked capacity when signing the POA, or if the POA was revoked or terminated, the deed signed by the agent can be attacked later.
Probate vs. deed-record mismatch: Completing estate paperwork does not always mean the deed records now show the intended ownership. If the wrong document was recorded (or not recorded), a corrective deed or other curative filing may be needed before any transfer will be insurable.

Conclusion

In North Carolina, a surviving parent can often transfer the parent’s interest in an inherited house through an agent using a properly authorized power of attorney, as long as the POA is recorded and the deed references that recording as required by law. The POA only allows the parent’s signature to be made by an agent; it does not transfer other heirs’ interests or automatically correct title errors. A practical next step is to record the POA (or a certified copy) with the county Register of Deeds and then prepare a deed that conveys only the parent’s share.

Talk to a Probate Attorney

If a completed North Carolina estate administration still left the house showing multiple heirs or title errors, a POA-signed deed may be only one piece of the fix. Our firm has experienced attorneys who can help identify what the public record is missing and map out the cleanest way to transfer the property. 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.