Feb52026
Probate Q&A Series

How do we transfer a house title when both spouses are listed but it doesn’t clearly say it passes automatically to the surviving spouse? – North Carolina

Short Answer

In North Carolina, the first step is to confirm how the home was owned on the deed. Many married couples own real estate as tenants by the entirety, which usually means the surviving spouse becomes the sole owner automatically at death, even if the deed does not use the words “right of survivorship.” If the deed shows a form of ownership without survivorship (often a tenancy in common), the deceased spouse’s share does not pass automatically and a probate filing (or other clerk-approved transfer process) is usually needed to clear title.

Understanding the Problem

In North Carolina probate, the key question is whether a jointly titled house owned by spouses must go through the Clerk of Superior Court process to move the deceased spouse’s interest into the surviving spouse’s name when the deed does not clearly state that the property passes automatically at death. The issue often comes up when bank and retirement accounts transfer using a death certificate, but the deed and vehicle titles do not contain obvious survivorship wording. The practical goal is to end up with marketable title in the surviving spouse’s name so the home can be refinanced, insured, or sold without delays.

Apply the Law

North Carolina treats different types of co-ownership differently at death. For married couples, a deed to spouses commonly creates a tenancy by the entirety unless the deed shows a different intent. When property is held as tenants by the entirety, the surviving spouse generally becomes the owner by survivorship at the moment of death, and the deceased spouse’s interest is not a probate asset. By contrast, if the deed created a tenancy in common (or another non-survivorship form), the deceased spouse’s share passes under a will or by intestacy, and the estate process is typically needed to establish who now owns that share and to record the right documents.

Key Requirements

  • Identify the deed’s ownership type: The recorded deed controls whether survivorship applies (tenancy by the entirety vs. a non-survivorship form such as tenancy in common).
  • Confirm the marital status at the time of conveyance: A deed to two people who were married to each other when they took title often results in tenancy by the entirety unless the deed states otherwise.
  • Use the correct “title-clearing” paperwork: If survivorship applies, the surviving spouse typically records a death-related instrument in the Register of Deeds. If survivorship does not apply, the estate must usually be opened (or another clerk-supervised procedure used) so the correct heirs/devisees can convey or the clerk can enter an order that supports recordation.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The surviving spouse and family are trying to transfer a jointly titled home and vehicle titles where the paperwork does not clearly show survivorship language, while most financial accounts transferred using the death certificate. For the house, the deed must be reviewed to determine whether it was held as tenants by the entirety (common for spouses) or in a non-survivorship form. If it was tenants by the entirety, the surviving spouse typically becomes the sole owner at death and the task is mainly recording the right documents. If it was a tenancy in common (or otherwise lacked survivorship), the deceased spouse’s share usually must be transferred through the estate process before the title can be fully cleared.

Process & Timing

  1. Who files: Usually the surviving spouse (or the personal representative if an estate is opened). Where: North Carolina Register of Deeds for the county where the property is located; and, if probate is needed, the Clerk of Superior Court in the county with proper venue for the estate. What: First, obtain a certified death certificate and a copy of the recorded deed. Then determine whether the appropriate next step is (a) recording a death-related instrument to reflect survivorship ownership, or (b) opening an estate so the clerk can appoint a personal representative and issue Letters, followed by the correct deed(s) or clerk-approved transfer paperwork. When: As soon as practical after death, especially before refinancing or listing the property for sale, because title issues often surface during closing.
  2. If survivorship applies (common with spouses): The surviving spouse typically records documentation in the land records so third parties can see that the deceased spouse has died and the survivor now holds title. Title companies and lenders often require this record step even when ownership passed automatically.
  3. If survivorship does not apply: The estate process (testate or intestate) is usually needed to identify the proper recipients of the deceased spouse’s share and to create recordable documents that move that share into the surviving spouse (or other heirs/devisees). If there is a will, it generally must be probated to support the transfer.

Exceptions & Pitfalls

  • Assuming “both names” means “automatic transfer”: In North Carolina, co-ownership without survivorship (often a tenancy in common) does not pass automatically at death, even if both spouses are on the deed.
  • Not checking for “contrary intention” language: Even spouses can hold title in a way that is not tenancy by the entirety if the deed clearly indicates a different form of ownership.
  • Waiting until a closing is scheduled: If probate is required, the clerk process, notices, and deed preparation can take time and may vary by county practice.
  • Vehicle titles are different from deeds: A vehicle may require DMV-specific paperwork even when a home passes by survivorship. For background on survivorship titling issues, see special wording on the deed or titles.

Conclusion

In North Carolina, transferring a house titled in both spouses’ names depends on the deed’s form of ownership. If the deed created a tenancy by the entirety, the surviving spouse generally becomes the sole owner automatically at death, but recording the proper death-related document with the county Register of Deeds is often still needed to clear the public record. If the deed did not create survivorship (often a tenancy in common), the deceased spouse’s share typically must be transferred through the Clerk of Superior Court estate process. The next step is to obtain the recorded deed and file the appropriate paperwork with the Register of Deeds (and open an estate with the clerk if required) before any sale or refinance.

Talk to a Probate Attorney

If a surviving spouse is dealing with a jointly titled home where the deed language is unclear and the family needs to transfer title without delays, our firm has experienced attorneys who can help explain the options and timelines under North Carolina law. 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.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.