Short Answer

In North Carolina, title to a home passes at death to heirs or devisees (if there’s a will), but you still need to clear the record. If there is a will, probate it and record certified copies in the county where the land is located; if not, title vests in the heirs by law. To put the home solely in your name, other heirs must sign and record a deed to you. Because you’re within two years of death and there’s a Medicaid estate recovery claim, publish notice to creditors (and mail notice to NCDHHS) or wait two years before conveying, and file your residency hardship deferral within 60 days.

Understanding the Problem

You want to know how, in North Carolina, you can update the deed into your name on a deceased family member’s home through probate-related steps, while avoiding full administration. You are the current resident and must submit a Medicaid residency hardship deferral within 60 days. The narrow question is: what filings and recordings are needed, and in what order, to clear title and protect against creditor (Medicaid) issues?

Apply the Law

Under North Carolina law, real estate passes at death to heirs (no will) or devisees (with a will). A will must be probated to pass title, and certified copies should be filed in the county where the land lies. Within two years of death, any heir-to-heir transfer is vulnerable to estate creditors unless a personal representative publishes notice to creditors and participates as required. The State (Medicaid) is treated as a known creditor; mailing notice starts its claim window. The main forum is the Clerk of Superior Court in the county of domicile for probate and any appointment, and the Register of Deeds in the county where the property is located for recording. Key timing triggers include the two-year creditor protection period and the 90-day claim window that begins after first publication of notice to creditors.

Key Requirements

• Establish who holds title: If there is a will, probate it; if not, title vests by intestacy. Record certified probate papers where the land sits.
• Address creditor exposure: Within two years of death, publish notice to creditors and mail notice to NCDHHS as a known creditor, or wait two years before conveying.
• Convey co-heirs’ interests: Have siblings sign and record a deed (often quitclaim) transferring their interests to you in the property’s county.
• Coordinate Medicaid recovery: File a residency hardship deferral timely and resolve or defer the State’s claim before closing.
• Update county records: Provide the tax office with the death certificate and, if applicable, probate papers so billing reflects current ownership.

What the Statutes Say

• North Carolina Gen. Stat. § 31-39 (Will must be probated to pass title) – A will must be probated and certified copies filed where the land lies to be effective.
• North Carolina Gen. Stat. § 28A-15-2 (Title to real property) – Real property vests at death in heirs or devisees, subject to estate administration needs.
• North Carolina Gen. Stat. § 28A-17-12 (Heir/devisee conveyances within two years) – Transfers by heirs within two years are void as to creditors unless statutory protections are met.
• North Carolina Gen. Stat. § 28A-19-3 (Presentation of claims; notice to creditors) – Sets the 90-day claim period after first publication and requires mailing notice to known creditors.

Analysis

Apply the Rule to the Facts: Because the home is the only significant asset and you want to avoid full probate, first determine whether there is a will. If so, probate it so title can pass to the devisees and record certified copies in the county where the home sits; if intestate, title is in the heirs. Within two years of death and with a Medicaid claim, publish notice to creditors (and mail notice to NCDHHS) so a transfer from siblings to you is not void as to creditors. Then record a deed from siblings to you and update tax records. File your Medicaid residency hardship deferral within the 60-day window to protect the home from immediate recovery.

Process & Timing

1. Who files: An heir or devisee. Where: Clerk of Superior Court (probate, any limited PR) in the decedent’s county of domicile; Register of Deeds in the county where the property is located. What: If there is a will, file AOC‑E‑199 (Application for Probate without Qualification) and obtain certified copies of the probated will and certificate of probate; if needed to cut off creditor risk, seek appointment of a limited personal representative to publish notice to creditors; mail notice to NCDHHS as a known creditor. When: Publish notice promptly to start the 90‑day claim period; submit the Medicaid hardship deferral within 60 days.
2. Record the certified probate papers (if any) and the siblings’ deed to you with the Register of Deeds where the property is located. Many counties index within a few days; recording times can vary.
3. Update ownership and mailing information with the county tax office (provide death certificate and, if applicable, probate documents). Expect tax roll updates in the next billing cycle; timing varies by county.

Exceptions & Pitfalls

• If the home must be sold to pay debts, a personal representative should qualify and may need a court‑authorized sale; small estate affidavits do not authorize sales of real property.
• Transfers by heirs within two years of death made without published notice to creditors (and without PR participation when required) are void as to creditors; don’t record deeds until creditor protections are in place.
• Failing to mail notice to NCDHHS as a known creditor can extend Medicaid’s time to assert a claim and may prompt a request to appoint a public administrator to sell the home.
• Not recording certified probate documents in the county where the land lies can leave title unclear to buyers, lenders, and insurers.

Talk to a Probate Attorney

If you’re trying to clear title to a North Carolina home while addressing Medicaid estate recovery and tight timelines, our firm can help you understand your options and sequence the filings and recordings. Call us today.

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.