What steps must a surviving spouse take to resolve title issues and sell property when the deed remains solely in the deceased spouse’s name?
Detailed Answer
When a spouse dies leaving real estate solely in their name, the surviving spouse cannot transfer or sell that property until legal title moves from the decedent’s estate into their name. North Carolina law requires a probate process to clear title. Here are the key steps:
1. Identify how the property passes
If the decedent left a valid will, it may direct who inherits the real estate. Without a will, intestacy rules govern distribution. North Carolina distributes property to a surviving spouse under Chapter 29 of the General Statutes.
2. Petition for probate or administration
File a petition in the clerk of superior court in the county where the decedent lived. A surviving spouse typically qualifies to serve as administrator. See N.C.G.S. § 28A-15-1 for who may administer an estate. The clerk will issue Letters of Administration or Letters Testamentary once you file the required documents and pay fees. The petition form and requirements appear in N.C.G.S. § 28A-6-2.
3. Consider summary administration if personal property is small
North Carolina allows a streamlined procedure when the estate’s personal property total does not exceed $20,000 and is insufficient to cover costs. Under N.C.G.S. § 28A-19-1, you can request summary administration and ask the court to distribute real property directly to yourself as the sole heir.
4. Obtain an order to convey real property
After formal probate or summary administration, you must secure a court order directing the personal representative to transfer title to you. This order appears in N.C.G.S. § 28A-12-3. The clerk issues this order once the estate administration steps finish.
5. Prepare and record a new deed
Use the court order and your Letters of Administration to draft a deed conveying the property from the estate to yourself. Have the deed notarized, then record it with the register of deeds. Recording updates public records and clears the title so you can sell.
6. Address liens and mortgages
Before listing the property, pay off or otherwise resolve any liens, mortgages, or tax claims against the estate. The court typically authorizes you to use estate assets for these payments during probate.
7. List and sell the property
Once your name appears on the recorded deed and all encumbrances clear, the property is marketable. You can list with a real estate agent, negotiate with buyers, and sign a deed transferring ownership.
Key Takeaways
- Determine whether the decedent left a will or if intestacy rules apply.
- Petition for probate or administration under N.C.G.S. § 28A-6-2 and § 28A-15-1.
- Use summary administration under § 28A-19-1 when eligible.
- Obtain a court order under § 28A-12-3 directing the transfer of real property.
- Draft, notarize, and record a new deed to yourself.
- Pay off liens, mortgages, and estate debts.
- List the property and complete the sale once your title is clear.
Next Steps and How Pierce Law Group Can Help
Resolving title issues and selling inherited property involves detailed court procedures. At Pierce Law Group, our attorneys walk you through each step of North Carolina probate. To discuss your situation and get clear guidance, email us at intake@piercelaw.com or call (919) 341-7055.
