Detailed Answer
When one owner of North Carolina real property dies without a right of survivorship, the decedent’s share becomes part of the estate and does not automatically pass to other co-owners. State law requires probate administration to clear title and transfer that interest. You must petition the clerk of superior court for appointment of a personal representative under Chapter 28A of the North Carolina General Statutes (see G.S. 28A-6-1). The court issues Letters of Administration or Letters Testamentary. These letters grant the authority to convey or distribute real estate in accordance with the decedent’s will or intestacy statutes.
If the deed creates a joint tenancy with right of survivorship, you can bypass full estate administration by recording an affidavit of death of joint tenant under G.S. 47-17. This affidavit, filed with the Register of Deeds, vests title in surviving joint tenants. Read the statute at G.S. 47-17. Absent joint tenancy, no recorded affidavit will remove the name; the property remains in the decedent’s estate until probate ends.
When the personal representative handles the estate, they file a deed or court order with the Register of Deeds showing the transfer. The Register will not record a deed that attempts to remove the deceased owner without evidence of the representative’s authority. A certified copy of the Letters and a copy of the deed or court order satisfy this requirement.
Skipping estate administration clouds title, risks future litigation, and prevents you from refinancing or selling. Proper administration provides a court-approved plan for distributing assets and a clear chain of title for real property.
Checklist for Removing a Deceased Owner
- Confirm the form of ownership: joint tenancy or tenants in common.
- For joint tenants, prepare and record the Affidavit of Death of Joint Tenant under G.S. 47-17.
- For other ownership, petition for estate administration under Chapter 28A.
- Obtain Letters of Administration or Letters Testamentary from the clerk of superior court.
- Prepare and record a deed or court order transferring the decedent’s share with the Register of Deeds.
- Keep certified copies of probate documents for the title chain.
- Consult an attorney for guidance on probate filings and deed preparation.
Handling real property transfers after a death involves careful steps under North Carolina law. Pierce Law Group’s attorneys have guided clients through estate administration for years. Contact us to remove a deceased owner from your property deed cleanly and efficiently. Email us at intake@piercelaw.com or call (919) 341-7055.
