What documents do I need to put the home title in my name now, and where do I file them? – North Carolina

Short Answer

In North Carolina, changing the “title” to a house usually means getting the correct ownership document into the county land records. In many completed estates, that means recording a deed (often a personal representative’s deed) or, in some situations, recording the will and the clerk’s order admitting it to probate so the public records show who inherited the property. The documents and filing location depend on whether the property passed under a will or by intestate succession, and whether a personal representative needs to sign a deed.

Understanding the Problem

In North Carolina probate, the question is what papers must be used to show that the ownership of a deceased person’s home has moved into the inheriting owner’s name after the estate has already been closed, and which public office receives those papers. The key decision point is whether the home passed under a probated will (to a named devisee) or passed to heirs under North Carolina intestate succession rules, because that determines what document is typically recorded to “clean up” the chain of title. Timing also matters because the estate may have been closed for a while, and a missing recording can cause problems when refinancing or selling.

Apply the Law

North Carolina treats real estate differently from many other probate assets. Once a will is probated, title to real property devised by the will generally vests in the devisees, and if there is no will, title generally vests in the heirs determined under North Carolina law. Even so, third parties (lenders, buyers, title insurers) usually expect the county land records to reflect the transfer, which is why recording the right documents in the Register of Deeds is so important. If the will was probated in a different county than where the land is located, a certified copy of the will and the clerk’s probate order are typically recorded in the county where the land sits to place the will into that county’s real estate records.

Key Requirements

Identify how the home passed: Determine whether ownership passed under a probated will (devisees) or by intestate succession (heirs). That drives which document(s) should be recorded.
Use certified probate documents when needed: When relying on probate proceedings to support the title, use certified copies (for example, the will and the clerk’s order admitting it to probate) so the land records clearly connect the decedent to the inheriting owner.
Record in the correct county land records: File the deed and/or certified probate documents in the Office of the Register of Deeds in the county where the property is located, because that is the public record a future buyer or lender will check.

What the Statutes Say

N.C. Gen. Stat. 105-317.2 (Deed transfer information) – Requires certain identifying information to be included in deeds conveying property, which affects how a deed should be prepared for recording.
N.C. Gen. Stat. 47-18.2 (Registration of certain transfer consents/waivers) – Allows a tax-related waiver/consent document to be recorded in the Register of Deeds like a deed, though recording it is not mandatory in every estate.

Analysis

Apply the Rule to the Facts: Probate for the decedent’s estate was completed, but the real estate paperwork was never recorded to reflect the transfer. Under North Carolina practice, the fix usually starts with confirming whether the property passed under a probated will (and to whom) or passed to heirs by law, then recording the appropriate document(s) in the county Register of Deeds so the land records show the inheriting owner in the chain of title. If a deed should have been recorded (for example, a personal representative’s deed after an estate sale or distribution), the missing deed often has to be prepared, properly signed and notarized, and then recorded.

Process & Timing

Who files: Typically the inheriting owner (often through a probate attorney) and/or the former personal representative if a personal representative’s deed is needed. Where: Office of the Register of Deeds in the county where the property is located. What: Commonly (a) a deed into the inheriting owner’s name (often called a personal representative’s deed when signed by the PR), and/or (b) certified copies of the will and the Clerk of Superior Court’s order admitting the will to probate if those were not recorded in the land county. When: As soon as the missing link is discovered, because later refinancing or sale can stall until the record is corrected.
Recording review: The Register of Deeds reviews the submission for recordability (proper execution/notary, legal description, and required deed transfer information). Some counties also require a local cover sheet or have formatting rules, so it is common to confirm requirements with that Register of Deeds office before submitting.
After recording: Obtain the recorded book/page (or instrument number) and keep it with the probate file and closing documents. If the county tax office needs an updated owner mailing address, confirm that the deed information supports that update.

Exceptions & Pitfalls

If the will was probated in one county but the land is in a different North Carolina county, failing to record certified copies of the will and probate order in the land county can leave the Register of Deeds records incomplete for title purposes.
If there were multiple heirs/devisees, “putting the home in one name” may require additional conveyances (for example, deeds from co-owners) depending on how the property vested at death and what the estate documents say.
Recording the wrong document (or using an incorrect legal description) can create a new break in title. A deed should match the prior recorded deed’s legal description and should include required deed transfer information.
If a power of attorney is being used to sign any deed, North Carolina has specific recording rules for powers of attorney affecting real property; failing to record the power of attorney can create recording and title problems even if the deed itself gets recorded.

Conclusion

In North Carolina, placing a deceased owner’s home “in the inheriting owner’s name” usually means recording the correct document(s) in the county Register of Deeds so the land records show a clear chain of title. The needed paperwork depends on whether the home passed under a probated will or to heirs by law, and whether a personal representative (or co-owners) must sign a deed. The next step is to obtain certified probate documents and file the appropriate deed and/or certified probate paperwork with the Register of Deeds in the county where the property is located.

Talk to a Probate Attorney

If an estate closed but the home was never properly recorded into the inheriting owner’s name, a probate attorney can help identify the correct transfer path, prepare recordable documents, and coordinate filing with the right county offices. 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.