Do the notarized statements from my siblings giving me their shares count, or do we need recorded deeds to transfer the house? – North Carolina

Short Answer

In North Carolina, a notarized statement from siblings usually does not transfer ownership of a house by itself. To change the title record, the transfer is typically done with a deed that is properly signed, notarized, and recorded with the Register of Deeds in the county where the property is located. If the parent died without a will and the home is still in the parent’s name, it is also common to need an estate file opened with the Clerk of Superior Court to confirm heirs and address creditor issues—especially when a foreclosure is pending.

Understanding the Problem

In North Carolina probate, the key question is: when a parent dies without a will and the house is still titled in the parent’s name, can siblings “sign over” their inheritance with notarized statements, or must the ownership change be handled through recorded deeds (and sometimes a court-supervised estate process) before the title and lender will recognize the transfer?

Apply the Law

Under North Carolina law, when someone dies without a will, the house generally passes to the legal heirs, but it remains subject to estate administration and creditor claims. In practice, lenders, title companies, and Registers of Deeds usually require a recorded deed (or a court-authorized conveyance) to show a clear chain of title. A notarized “statement” can help show intent, but it usually does not function as the legal instrument that conveys real property.

Key Requirements

Heirs must be identified under intestate succession: When there is no will, ownership follows North Carolina’s intestate succession rules, and the correct heirs must be determined before anyone can reliably transfer interests.
A valid real estate transfer normally requires a deed: To transfer an heir’s interest to another family member, the common approach is an heir-to-heir deed (often a quitclaim deed) signed and notarized by the heir who is transferring their share.
Recording is what makes the transfer usable against third parties: Recording the deed in the county land records is what puts the world on notice and is typically what lenders and title companies rely on when deciding who has authority to act.

What the Statutes Say

N.C. Gen. Stat. § 29-13 (Intestate succession; descent and distribution) – Explains that property of a person who dies without a will passes to heirs under North Carolina’s intestacy rules, subject to administration costs and lawful claims.
N.C. Gen. Stat. § 47-18.2 (Registration of certain tax waivers/consents to transfer) – Addresses recording of certain tax-related transfer documents; in real cases, additional recorded instruments (like deeds) are still commonly needed to show a clean title transfer.

Analysis

Apply the Rule to the Facts: Here, the mortgage and title appear to still be in the deceased parent’s name, and the lender is asking for probate and proof of appointment. That is consistent with how foreclosures and loss-mitigation departments operate: they typically want a court-appointed personal representative (or other recognized authority) before accepting binding decisions about the property. The siblings’ notarized statements may support the plan for the siblings to transfer their interests, but a lender or title examiner usually will still require recorded deeds (and often an estate file) to treat the client as the sole owner with authority to act.

Process & Timing

Who files: A family member seeking authority to act for the estate (often the person trying to deal with the lender). Where: The Clerk of Superior Court in the county where the parent lived at death (estate administration) and the Register of Deeds in the county where the land is located (recording deeds). What: An estate opening to appoint a personal representative (letters) and, if siblings are transferring shares, properly drafted and notarized deeds from each sibling to the client, then recorded. When: As soon as possible when a foreclosure sale date is approaching, because lender and court timelines can move faster than probate paperwork.
Next step: After appointment, the personal representative typically gives formal notice to creditors and gathers information about liens, taxes, insurance, and the deed history. If the plan is to keep the house, the lender may still require proof of authority plus recorded title cleanup before finalizing a workout, assumption, or other resolution.
Final step: Record the deeds (and any other required documents) so the county land records reflect the intended ownership, and coordinate with the lender’s foreclosure counsel about any required substitutions of parties, reinstatement figures, or postponement requests.

Exceptions & Pitfalls

“Title vests in heirs” is not the same as “marketable title”: Even if heirs inherit at death, a lender, buyer, or title insurer may still require probate filings and recorded deeds to prove who the heirs are and to clear creditor-risk issues.
Notarized statements can be the wrong tool: A statement that “gives a share” may not contain the legal conveyance language needed for a deed, may not identify the property correctly, and may not be recordable in the land records.
Foreclosure can proceed despite family agreements: A private agreement among heirs does not stop a deed of trust foreclosure. The lender’s rights are tied to the recorded deed of trust and the borrower’s default, not to informal family paperwork.
Separate building on the land: In North Carolina, buildings are often treated as part of the real property unless they are truly personal property under a specific legal arrangement. A claim that a sibling “owns the building” can create a title and possession dispute that should be evaluated quickly, because it can affect negotiations with the lender and what a foreclosure purchaser may claim.

Conclusion

In North Carolina, notarized statements from siblings usually do not transfer a house interest in a way that lenders and land records will recognize. When a parent dies without a will and the home is still titled in the parent’s name, the typical fix is to open an estate with the Clerk of Superior Court to appoint a personal representative and then use properly signed, notarized, and recorded deeds to transfer any heir interests to one person. The next step is to start the estate appointment process immediately, before the scheduled foreclosure sale.

Talk to a Probate Attorney

If you’re dealing with a pending foreclosure on a deceased parent’s home and questions about whether family paperwork is enough to transfer title, our firm has experienced attorneys who can help explain the probate steps, deed requirements, and timing issues. 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.