Do Surviving Spouses in North Carolina Need to Open Probate to Transfer a House Held as Tenants by the Entirety?

Detailed Answer

In North Carolina, when a married couple holds real estate as tenants by the entirety, ownership automatically passes to the surviving spouse upon the death of the other spouse. You do not need to open a full probate administration just to transfer title. Instead, state law provides a simplified procedure to update the county land records so the surviving spouse appears as sole owner.

How Title Passes by Operation of Law

North Carolina General Statute § 47-18 explains that when one spouse dies, the entire interest in the property vests immediately in the surviving spouse. There is no requirement to file a will or a petition for probate to change ownership:

• Immediate vesting: Title passes at the moment of death.
• No ancillary probate: You avoid the time and expense of a probate proceeding solely for a tenancy-by-entirety property.

Read the statute: NCGS § 47-18.

Recording an Affidavit of Survivorship

To update the deed records, the surviving spouse can record an Affidavit of Death of Tenant by the Entirety under NCGS § 47-19. The steps are:

1. Obtain a certified copy of the death certificate.
2. Complete the affidavit form, stating the decedent’s name, property description, and date of death.
3. Have the affidavit notarized.
4. File the affidavit in the land records office where the property sits.

See the official text: NCGS § 47-19.

When Probate May Still Apply

Although you do not need probate to change title for tenants by the entirety, you might still open the estate for other reasons:

• Paying off debts that survive death.
• Administering other assets not held by the entirety.
• Handling disputes among heirs or creditors.

Key Points to Remember

• Tenancy by the entirety property passes automatically to the survivor under NCGS § 47-18.
• You record an Affidavit of Death of Tenant by the Entirety under NCGS § 47-19 to clear the title.
• No full probate is required just to transfer a surviving spouse’s tenancy-by-entirety property.
• Consider probate if you have additional assets, debts, or disputes.

Next Steps & Call to Action

If you seek clear guidance about your rights as a surviving spouse or need help recording an affidavit, our experienced probate attorneys at Pierce Law Group can help. We focus on probate administration in North Carolina and guide you at every step. Contact us today to protect your interests and secure your home.

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