How Owning North Carolina Real Estate as Tenants by the Entirety Avoids Probate and Simplifies Title Transfer
Detailed Answer
North Carolina law allows a married couple to hold real estate as tenants by the entirety. Under G.S. § 39-13, this form of ownership carries a built-in right of survivorship. When one spouse dies, the surviving spouse automatically owns the property in full. The transfer occurs by operation of law, not by will or court order. This means the property does not pass through probate. Instead, the surviving spouse presents a certified copy of the death certificate and an affidavit of survivorship to the county Register of Deeds. The Register updates the deed to show sole ownership.
By avoiding probate, you save time and money. Probate court fees, attorney fees, and delays in asset distribution do not apply. Family members also avoid public court proceedings and lengthy waiting periods. Creditors of the deceased spouse may still bring claims, but they cannot force sale of the property to satisfy most debts of one spouse alone.
Creating a tenancy by the entirety requires:
- A properly executed and notarized deed naming both spouses as tenants by the entirety.
- Recording that deed in the county where the property sits.
Once recorded, the deed ensures that title passes automatically at death. No will contest, no court filings, and no personal representative involvement—just a simple record update.
Key Takeaways
- Automatic Survivorship: Ownership vests in the surviving spouse without probate.
- Simple Record Update: File death certificate and affidavit of survivorship with the Register of Deeds.
- Cost Savings: Eliminate probate court and many legal fees.
- Privacy: Avoid public probate files and hearings.
- Creditor Protection: Only joint debts or household obligations can reach the property.
If you own property with your spouse and want to avoid probate or simplify future title transfer, consider tenants by the entirety. To learn more, contact Pierce Law Group. Our attorneys have extensive probate administration experience and can guide you through deed preparation, recording, and post-death requirements. Reach out today by emailing intake@piercelaw.com or calling (919) 341-7055.
