How do I correct a faulty deed description and amend my North Carolina probate petition?
1. Detailed Answer
Discovering an error in a deed description after opening an estate can create uncertainty in title and complicate administration. In North Carolina, you generally follow two steps: correct the deed and then amend your probate petition.
Correcting the Deed Description
First, decide whether to prepare a corrective deed or to seek a court reformation:
- Corrective Deed: Draft a new deed that references the original recording (book and page), recites the grantor’s intent, sets forth the accurate legal description and includes the necessary signatures and acknowledgments. Record the corrective deed with the register of deeds in the county where the property lies.
- Court Reformation: If anyone disputes the revised description—or you prefer judicial confirmation—petition Superior Court under North Carolina General Statute §47-10 (ncleg.gov/GS_47-10). The court may reform the deed language to reflect the grantor’s true intent and then issue an order you record alongside the original deed.
Amending Your Probate Petition
Once the deed is corrected, you must update the estate records:
- Prepare an amended petition for administration that includes the corrected property description.
- Follow Rule 15 of the North Carolina Rules of Civil Procedure by filing the amended petition with the clerk of superior court and requesting leave to amend if required.
- Serve notice of the amended petition on all interested parties as mandated by N.C.G.S. §28A-6-5 (ncleg.gov/GS_28A-6-5).
- Obtain amended letters testamentary or of administration that reflect the corrected asset description.
After the clerk files your amended petition and issues updated letters, the corrected property description becomes part of the public estate record. This process ensures clear title, accurate distribution and peace of mind for beneficiaries.
2. Key Takeaways and Checklist
- Review the recorded deed and identify the error in the legal description.
- Decide between a corrective deed or court reformation under N.C.G.S. §47-10.
- Draft and record the corrective instrument or obtain and record the court’s order of correction.
- Prepare an amended probate petition that includes the revised description.
- File the amended petition with the clerk of superior court under Rule 15.
- Serve notice of amendment to all heirs, beneficiaries and creditors per N.C.G.S. §28A-6-5.
- Secure amended letters reflecting the updated asset schedule.
- Keep copies of all recorded documents and serve them on interested parties.
Contact Pierce Law Group
Correcting a deed and amending a probate petition can be technical. Pierce Law Group’s attorneys guide you step by step so you protect the estate and keep administration on track. Contact us today for personalized assistance. Email intake@piercelaw.com or call (919) 341-7055.
