Short Answer

In North Carolina, property titled to a married couple as tenants by the entirety passes to the surviving spouse automatically at death. No probate action is required to vest title; the decedent’s estate never owns that interest. To evidence the change in public records, record a certified death certificate (and, if requested, a brief affidavit) with the county Register of Deeds and update the county tax office.

Understanding the Problem

You need to verify, under North Carolina probate rules, whether the surviving spouse took full title to the decedent’s share solely because the deed created a tenancy by the entirety. One key fact: three married couples held the parcels, and the deed states the decedent and spouse held their share as tenants by the entirety with survivorship.

Apply the Law

North Carolina recognizes tenancy by the entirety between spouses. When one spouse dies, the other becomes the sole owner of that couple’s interest by operation of law. That interest does not pass through the decedent’s probate estate. The main place to memorialize the change in the chain of title is the county Register of Deeds. While there is no strict deadline to record evidence of death, the Uniform Simultaneous Death Act requires a survivor to have outlived the decedent by 120 hours (unless the deed or law says otherwise). In multi-owner situations, the surviving spouse then holds that couple’s undivided share as a tenant in common with the other couples.

Key Requirements

• Deed shows tenancy by the entirety: The instrument conveys to spouses (e.g., “A and B, husband and wife”) or uses clear entirety language, with no contrary intent stated.
• Valid marriage at conveyance: The two grantees were legally married when they took title.
• Survivorship trigger: One spouse died and the other survived (ordinarily by at least 120 hours unless an instrument or statute changes that rule).
• No severance events: No divorce or other action before death converted the entirety estate into a different form of ownership.
• Post‑death evidence in records: Record a certified death certificate (and, if needed, a short affidavit) with the Register of Deeds and notify the county tax office.

What the Statutes Say

• North Carolina Gen. Stat. § 39-13.6 (Conveyances to spouses) – Confirms how a deed to spouses creates tenancy by the entirety unless a contrary intent appears.
• North Carolina Gen. Stat. § 28A-24-1 (120-hour survival rule) – Requires a person to survive the decedent by 120 hours to take as survivor unless an instrument or law provides otherwise.
• North Carolina Gen. Stat. § 31A-6 (Slayer statute—joint/survivorship property) – Modifies survivorship if a slayer would otherwise take.

Analysis

Apply the Rule to the Facts: Because the deed states the decedent and spouse held as tenants by the entirety, the surviving spouse became the sole owner of that couple’s share the moment of death. In a three-couple ownership, the survivor now owns that undivided share and holds it as a tenant in common with the other couples. No probate filing is required to transfer this interest; recording a certified death certificate with the county Register of Deeds and updating the tax office confirms the change in public records.

Process & Timing

1. Who files: Surviving spouse, personal representative, or closing attorney. Where: County Register of Deeds where the land is located. What: Record a certified death certificate (and, if requested locally, a brief affidavit of death referencing the original deed’s book/page). When: As soon as practicable to keep title and tax records current.
2. Send a copy of the recorded death certificate to the county tax office to remove the decedent from the tax rolls and update the taxpayer name; processing can vary by county.
3. Maintain certified copies for future title work; expect the land records to show the surviving spouse as the sole owner of that couple’s share and as a tenant in common with the other couples.

Exceptions & Pitfalls

• Divorce or severance before death: A divorce converts the form of ownership and eliminates entirety survivorship.
• Not actually entirety ownership: If the deed doesn’t convey to spouses (or shows contrary intent), survivorship may not apply.
• 120-hour rule: If the surviving spouse did not outlive the decedent by 120 hours and no exception applies, survivorship may fail.
• Slayer rule: If the surviving spouse unlawfully killed the decedent, survivorship is blocked.
• Recording practices vary: Some counties request a simple affidavit in addition to the certified death certificate; check local Register of Deeds preferences.
• Liens remain: Existing deeds of trust or liens continue to encumber the property even though ownership passed outside probate.

Talk to a Probate Attorney

If you’re dealing with confirming survivorship under a tenancy by the entirety deed and updating county records, our firm has experienced attorneys who can help you understand your options and timelines. 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.