Short Answer

In North Carolina, an “addendum to a deed” is a supplemental, recordable document (often styled as an affidavit or corrective statement) that clarifies facts about a prior deed without changing who owns the property. To record it, prepare a notarized document that references the original deed’s book/page, explain the correction or clarification, and file it with the county Register of Deeds. If the clarification involves a devise under a will, record certified probate documents in the county where the land lies.

Understanding the Problem

In North Carolina probate practice, people often ask: can I file something with the county to clarify a recorded deed? Here, the mother conveyed her interest to family, but the recorded deed doesn’t show she acquired the land under her spouse’s will. You want to know whether a deed addendum can resolve the gap and how to record it so title examiners and the title insurer are satisfied.

Apply the Law

Under North Carolina law, title to real property can pass by deed or by devise under a probated will. A recorded addendum (often called an affidavit of facts relating to title or corrective statement) is used to supply missing background—like how a grantor acquired title—without changing ownership. If the clarification depends on a will, you also ensure the will and the certificate of probate appear of record in the county where the land sits so the chain of title is clear to third parties. The main office for recording the addendum is the Register of Deeds; certified probate documents are filed through the Clerk of Superior Court. Timing matters because recording probate documents in the land’s county affects protection against creditors and purchasers.

Key Requirements

• Purpose only, not conveyance: The addendum clarifies facts (for example, that title came by devise under a will) and does not transfer or change ownership.
• Clear cross-references: Identify the original deed by book/page and property description so the Register of Deeds can index it properly.
• Proper execution: Use a notarized, recordable instrument that meets county formatting rules (e.g., margins, legible text, return address) so it is accepted for recording.
• Probate linkage when needed: If the clarification relies on a will, record certified copies of the probated will and the certificate of probate in the county where the real property lies.
• Use corrective deeds for substantive errors: If names, legal descriptions, or interests are wrong, a corrective deed from the proper party—not an addendum—may be required.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-2A-13 (Filing certified copies of probated will) – Allows filing certified copies of a probated will and certificate of probate in any county where the property is located.
• North Carolina Gen. Stat. § 31-39 (Effect of recording will on title) – Addresses how recording a will in the county where land lies affects title as to creditors and purchasers.
• North Carolina Gen. Stat. § 28A-2A-17 (Probating certified copy of nonresident’s will) – Provides a path to probate and record an out-of-state will so it can pass title to North Carolina real property.

Analysis

Apply the Rule to the Facts: Your mother’s deed to you and relatives is recorded, but it doesn’t show how she originally took title under her spouse’s will. A recorded addendum can cross-reference the deed and state that her interest arose by devise. To complete the chain, certified copies of the probated will and certificate of probate should be filed in the county where the land is located so title examiners and the title insurer see the full record.

Process & Timing

1. Who files: The current owner or their attorney. Where: Record the addendum with the Register of Deeds in the county where the property is located; file certified probate documents with the Clerk of Superior Court in that county. What: A notarized addendum/affidavit referencing the original deed (book/page, legal description, PIN) and certified copies of the will and certificate of probate. When: Before closing or as soon as the gap is discovered; some timing rules for probated wills affect protection against creditors and purchasers.
2. Register of Deeds review and indexing typically occur the day of submission; certified probate documents are obtained from the Clerk where probate occurred and filed in the land’s county.
3. Final result is a recorded addendum linked to the original deed and probate documents of record, giving examiners and the title insurer a complete chain of title.

Exceptions & Pitfalls

• An addendum cannot fix substantive errors (wrong grantor, grantee, or legal description); use a corrective deed executed by the proper party.
• County recording standards vary; missing notary acknowledgments, margins, or return addresses can lead to rejection by the Register of Deeds.
• Do not rely on photocopies of wills; use certified copies and ensure the will was admitted to probate before filing in the land’s county.
• Out-of-state wills require additional steps; use certified or exemplified copies and the statutory process to probate and record them in North Carolina.
• Sales by heirs or devisees soon after death can implicate creditor rights; coordination with the personal representative and timely probate filings help preserve marketability.

Talk to a Probate Attorney

If you’re dealing with a deed that needs a recorded clarification and probate documents to complete the chain of title, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to discuss your situation.

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.