What steps are needed to transfer a house held in joint tenancy with right of survivorship? – North Carolina

Short Answer

In North Carolina, a house held in joint tenancy with right of survivorship generally passes automatically to the surviving joint tenant when one owner dies, outside of probate. To update the public record and “clear title,” the surviving joint tenant typically records an affidavit of survivorship (or similar) and a certified death certificate with the Register of Deeds in the county where the property is located. Probate may still be needed if the estate has debts or other assets that require a personal representative, but survivorship title itself usually does not require an estate administration to transfer.

Understanding the Problem

In North Carolina, what steps must be taken after a co-owner dies to put a home held in “joint tenancy with right of survivorship” into the surviving owner’s name in the land records? The core issue is not who inherits the property, but what paperwork is needed so the county’s title records show the survivorship transfer. The key trigger is the death of one joint tenant and the need to document the survivorship event with the Register of Deeds.

Apply the Law

North Carolina recognizes joint tenancy with right of survivorship when the deed clearly shows an intent to create survivorship ownership. When one joint tenant dies, the surviving joint tenant succeeds to the decedent’s interest by operation of law, meaning the home is typically a non-probate asset for transfer purposes. Even so, the surviving owner usually must record documents in the county land records to make the survivorship transfer “of record” for future refinancing or sale. The main office involved for the transfer paperwork is the Register of Deeds in the county where the home sits; the Clerk of Superior Court becomes involved only if an estate administration is needed for other reasons.

Key Requirements

Survivorship deed language: The recorded deed must show the owners held title as joint tenants with right of survivorship (or equivalent wording that expresses survivorship intent under North Carolina law).
Proof of death (and survival): The surviving joint tenant must obtain a certified death certificate and be able to show the survivor lived at least 120 hours after the decedent when that rule applies.
Recordable “title-clearing” filing: The survivor must record an affidavit of survivorship (or other locally accepted recordable instrument) and the certified death certificate with the Register of Deeds where the property is located.

What the Statutes Say

N.C. Gen. Stat. § 41-71 (Creation of a joint tenancy with right of survivorship) – Explains that a deed creates a survivorship joint tenancy when the instrument expresses that intent.
N.C. Gen. Stat. § 41-74 (120-hour survival requirement and joint tenancy) – Applies the 120-hour survival rule to survivorship joint tenancies after a joint tenant’s death.

Analysis

Apply the Rule to the Facts: The decedent’s home was held in joint tenancy with right of survivorship, so the starting point is that the surviving joint tenant generally becomes the sole owner automatically at death (assuming the deed’s wording supports survivorship and the survivor meets the 120-hour survival rule). Because the goal is to finish initial paperwork and make the transfer usable for future transactions, the practical next step is usually a Register of Deeds recording: a survivorship affidavit (or similar) plus a certified death certificate in the county where the home is located. Even though most other assets passed by beneficiary or transfer-on-death designations, a separate estate filing with the Clerk of Superior Court may still be necessary if debts, expenses, or other administration needs exist.

Process & Timing

Who files: The surviving joint tenant (or counsel on that person’s behalf). Where: The Register of Deeds in the North Carolina county where the property is located. What: Typically (1) an Affidavit of Survivorship (naming the decedent, the surviving joint tenant, and referencing the recorded deed book/page) and (2) a certified death certificate. When: As soon as practical after obtaining certified copies of the death certificate; many title companies prefer this be recorded well before any refinance or sale.
Confirm the deed and survivorship language: Review the most recent recorded deed to confirm it actually created a survivorship joint tenancy (not a tenancy in common). If the deed language is unclear, additional corrective work may be needed before a clean transfer can be shown in the land records.
Handle any probate filings only if needed: If the estate has remaining assets that require administration, or if the property (despite survivorship) may be needed to satisfy claims because the probate estate is otherwise insufficient, then a filing with the Clerk of Superior Court (Estates Division) may be required to complete the overall estate work.

Exceptions & Pitfalls

Deed did not actually create survivorship: If the deed lacks survivorship intent, North Carolina law generally treats co-owners as tenants in common, and the decedent’s share may pass through probate or intestacy instead of automatically to the co-owner.
Debt and claims pressure: Even when title passes by survivorship, North Carolina estate practice recognizes that survivorship property can become relevant if other estate assets are not enough to pay allowed claims and administration expenses. This issue often drives whether a Clerk of Superior Court estate file must be opened or completed.
Recording mistakes: Using an uncertified death certificate, referencing the wrong deed book/page, or recording in the wrong county can create title problems that surface during a later sale.
Multiple counties: If the property spans county lines (rare) or there are multiple related parcels recorded separately, filings may be needed in more than one Register of Deeds office.

Conclusion

In North Carolina, a home held in joint tenancy with right of survivorship usually transfers automatically to the surviving joint tenant at the co-owner’s death, but the survivor typically must record an affidavit of survivorship and a certified death certificate with the Register of Deeds in the county where the home is located to clear title. The key threshold is that the deed must show survivorship intent, and the survivor must satisfy the 120-hour survival rule. Next step: record the survivorship paperwork with the Register of Deeds promptly after receiving certified death certificates.

Talk to a Probate Attorney

If a family needs to transfer a North Carolina home after a death and the deed is titled in joint tenancy with right of survivorship, experienced attorneys can help confirm the deed language, prepare recordable survivorship documents, and finish any Clerk of Superior Court filings that still need completion. 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.