How to Secure a Deed for Property When Heirs Automatically Inherit in North Carolina

Detailed Answer

Under North Carolina law, real estate passes to heirs or devisees automatically at the moment of a decedent’s death. See N.C. Gen. Stat. § 31-2.1 (testate vesting) and N.C. Gen. Stat. § 29-14 (intestate succession). Still, heirs won’t appear on the public deed until someone records a new deed in their names. If you want to buy the property before full probate concludes—and you need to settle back taxes first—you must follow certain steps:

1. Verify Heirship. Obtain a list of heirs by reviewing the will (if any) or by filing a preliminary petition for determination of heirs. This step confirms who holds title automatically at death.
2. Open an Informal Probate Estate. File for informal probate with the Clerk of Superior Court in the county where the decedent lived. In informal administration, the court appoints a Personal Representative quickly and without a formal hearing. See N.C. Gen. Stat. § 28A-10-1.
3. Empower the Personal Representative. Once appointed, the Personal Representative has the authority to sell real property on behalf of the estate under N.C. Gen. Stat. § 28A-17-3. They can enter a purchase contract and sign a deed conveying clear title to you.
4. Negotiate Tax Resolution. Identify outstanding property taxes and liens through the county tax office. You or the estate must satisfy these liens before—or at—closing. Buyers often request a tax lien certificate to confirm all back taxes and penalties. Paying those amounts removes the cloud on title.
5. Use an Escrow Closing. Structure your purchase contract so that closing occurs only after the court issues Letters of Administration and you present proof that all heirs have been notified and taxes are paid. An escrow agent can hold funds until conditions are met.
6. Record the Deed. After closing, record the estate’s deed at the Register of Deeds. This step places your ownership on public record and finalizes the transfer.

Checklist: Key Steps to Secure Title and Resolve Back Taxes

• Confirm heirship via will or heirship determination.
• File for informal probate to appoint a Personal Representative (§ 28A-10-1).
• Ensure the Personal Representative has authority to sell real estate (§ 28A-17-3).
• Obtain a tax lien certificate and pay all back taxes and penalties.
• Draft a purchase agreement conditioned on court-issued letters and clear title.
• Use an escrow agent to secure funds until all requirements are satisfied.
• Record the deed with the Register of Deeds to finalize your ownership.

Securing a deed for property inherited by heirs—and clearing outstanding taxes—requires careful coordination with the probate process. Pierce Law Group’s probate attorneys guide buyers and heirs through each step. Contact us today by email at intake@piercelaw.com or call (919) 341-7055 to discuss your situation and move forward with confidence.