Short Answer

In North Carolina, unequal shares (like 99/1) do not defeat a properly created joint tenancy with right of survivorship. If the deed expressly includes survivorship, the decedent’s interest passes to the surviving co-owner at death and that real estate usually does not require probate to transfer. However, the decedent’s former interest can still be reached to pay estate debts if the estate lacks other assets. Record a death certificate (and often an affidavit) to update title.

Understanding the Problem

North Carolina: Can a surviving co-owner take full title without probate when a rental property deed says “joint tenancy with right of survivorship,” even if the deed shows a 99/1 split? Here, the deeds include survivorship language and were structured for Medicaid planning.

Apply the Law

North Carolina law allows joint ownership of real estate with an express right of survivorship. If the deed clearly creates survivorship, the survivor owns the entire property at the other owner’s death by operation of law. That transfer happens outside probate. Still, North Carolina treats the decedent’s interest in jointly owned property as available to satisfy valid estate debts if the estate has insufficient assets. The Clerk of Superior Court oversees estates; recording to update land title happens with the Register of Deeds in the county where the land sits.

Key Requirements

• Express survivorship language: The deed must clearly state a right of survivorship; otherwise, no survivorship applies.
• Unequal shares are allowed: A 99/1 or any other split does not cancel survivorship if the deed says it exists.
• Non‑probate transfer: On death, title vests in the survivor without probate for that property.
• Debts can still matter: If the estate is short on assets, the decedent’s former interest in survivorship property can be reached to pay valid claims.
• Title update by recording: The survivor typically records a certified death certificate (and often an affidavit of survivorship) with the Register of Deeds to clear title.

What the Statutes Say

• North Carolina Gen. Stat. § 41‑2 (Joint tenancy; survivorship) – Survivorship is abolished unless expressly stated; it can be created by clear deed language.
• North Carolina Gen. Stat. § 28A‑15‑1 (Assets available for debts) – All property of a decedent is available to pay claims absent a statutory exclusion.
• North Carolina Gen. Stat. § 28A‑15‑2 (Title to property at death) – Explains how title vests at death and the personal representative’s authority.
• North Carolina Gen. Stat. § 108A‑70.5 (Medicaid estate recovery) – Authorizes the State to pursue recovery of certain Medicaid costs from estate assets.

Analysis

Apply the Rule to the Facts: Your deeds state a right of survivorship, so the 99/1 split does not stop the survivor from taking full title at death by operation of law. That means no probate is required to transfer those specific rental properties. But if the estate lacks other assets to pay debts or government claims, North Carolina law allows recovery against the decedent’s former interest in survivorship property. To update land records, the survivor should record a certified death certificate (and commonly an affidavit) with the county Register of Deeds.

Process & Timing

1. Who files: Surviving joint tenant. Where: Register of Deeds in the county where the property is located. What: Record a certified death certificate; many counties also accept an affidavit of survivorship. When: As soon as practical after death to clear title.
2. The Register of Deeds indexes the recording, which updates the chain of title to reflect the survivor as sole owner. Timing varies by county but is typically prompt after recording.
3. If the survivor wishes to transfer to a sibling, the survivor signs and records a deed (e.g., warranty or quitclaim) with the Register of Deeds. Consider deed tax, property tax records, and potential federal gift tax and Medicaid implications before recording.

Exceptions & Pitfalls

• If the deed does not clearly state a right of survivorship, the 99/1 split may be a tenancy in common; the decedent’s share would pass by will or intestacy and may require probate.
• Do not skip recording. Without a recorded death certificate (and often an affidavit), title may appear clouded and delay a sale or refinance.
• In an insolvent estate, creditors (including Medicaid) can seek recovery from the decedent’s former interest in survivorship property if other assets are insufficient.
• Transfers by the survivor to a sibling for nominal consideration can be treated as gifts and may affect federal taxes or the survivor’s own Medicaid eligibility. Get tax and elder-law advice first.

Talk to a Probate Attorney

If you’re dealing with survivorship real estate and questions about probate, creditor claims, or Medicaid recovery, our firm has experienced attorneys who can help you understand your options and timelines. Contact us today to discuss your next steps.

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.