Probate Q&A Series

How do I record my deed and decide on probate when property transfers by survivorship in North Carolina?

Detailed Answer

When real property in North Carolina is held as tenancy by the entirety or joint tenancy with right of survivorship, ownership passes automatically to the surviving owner. You avoid transferring that property through probate. You must still record a new deed at the county Register of Deeds to update the public record.

Start by obtaining a certified copy of the death certificate for the deceased co-owner. Under N.C. Gen. Stat. § 47-20, every deed must be acknowledged before it can be recorded. You’ll prepare a Survivorship Deed or an Affidavit of Survivorship that states the decedent’s interest passed automatically to the survivor. The surviving owner signs before a notary public, and you record the document along with the death certificate.

Recording updates the chain of title and protects the survivor’s ownership. You pay the recording fee set by the Register of Deeds.

When to Open a Probate Estate

Although you won’t probate the survivorship property itself, the decedent’s other assets may still require administration under the North Carolina probate code (Chapter 28A). Open a formal estate if the decedent owned probate assets—bank accounts in sole name, stocks, personal property—or if heirs cannot agree on distribution.

If the total value of probate assets (excluding real estate that transferred by survivorship) is $20,000 or less, you may use the Small Estate Affidavit process in N.C. Gen. Stat. §§ 28A-19-1 et seq.. That lets you collect bank accounts and personal items without full probate. If assets exceed $20,000 or creditors exist, file a Petition for Probate in the clerk’s office of the county where the decedent lived.

Consult an attorney if you’re unsure which process fits your situation or how to draft the survivorship deed. Properly transferring title and administering the estate protects the survivor and satisfies all legal requirements.

Key Steps and Considerations

  • Obtain a certified death certificate for the deceased co-owner.
  • Confirm the form of ownership: tenancy by the entirety or joint tenancy with right of survivorship.
  • Prepare a Survivorship Deed or Affidavit of Survivorship stating the transfer by operation of law.
  • Sign before a notary public in compliance with § 47-20.
  • Record the deed and death certificate at the Register of Deeds office and pay recording fees.
  • Review all other assets to determine if probate administration under Chapter 28A is necessary.
  • Use the Small Estate Affidavit procedure (Article 19) for estates under $20,000 in personal assets.
  • If assets exceed the small estate threshold or if creditors exist, file for formal probate administration.
  • Seek guidance from qualified counsel to ensure compliance and protect your interests.

Contact Pierce Law Group

Transferring property by survivorship and navigating probate can present complex questions. The attorneys at Pierce Law Group have extensive experience helping families complete these steps accurately and efficiently. For clear guidance tailored to your situation, reach out today.

Email us at intake@piercelaw.com or call (919) 341-7055.