Can I confirm whether a property was properly transferred to me before the relative passed away? – North Carolina

Short Answer

Yes. In North Carolina, the most practical way to confirm whether a property was transferred before a relative’s death is to review the recorded land records in the county where the property is located and confirm what deed (if any) was recorded into the client’s name. If the deed was never recorded, or if it was signed but not effectively delivered and accepted before death, the transfer may not have been completed and the property may instead be part of the estate.

Understanding the Problem

In North Carolina real estate, the question is whether a relative completed a lifetime transfer of a specific parcel before death, as opposed to the parcel passing through the estate after death. The key decision point is whether the land records show a valid deed (or other recorded instrument) that put title into the client’s name before the date of death, or whether the last recorded owner remained the decedent at death. This issue often comes up when a client is already on the deed for one property and is trying to identify and confirm other properties the decedent owned or transferred.

Apply the Law

North Carolina generally treats a deed as the main document that transfers ownership of real property during life. Recording a deed with the Register of Deeds is not the same thing as “creating” the transfer, but recording is the standard way to prove the transfer to third parties and to confirm what the public record shows as current ownership. If the transfer was done through an agent, the recorded file should also show that the agent had authority to sign (typically by recording a power of attorney and referencing it).

Key Requirements

Correct recorded instrument: A deed (or other title instrument) should appear in the county land records showing the decedent as grantor and the client as grantee, with a legal description that matches the parcel.
Timing before death: The deed’s execution and the transfer’s effectiveness must have occurred before the decedent died; otherwise, the property usually must pass through the estate (by will or intestacy) rather than by lifetime deed.
Authority and signatures match the story: If someone signed for the decedent, the land records should support that authority (for example, a recorded power of attorney referenced by book and page), and the deed should be properly acknowledged for recording.

What the Statutes Say

N.C. Gen. Stat. § 47-28 (Recording powers of attorney affecting real property) – Requires a power of attorney (or certified copy) to be registered for real property transfers signed by an agent, and explains how the deed should reference that recording.
N.C. Gen. Stat. § 31-39 (Probate necessary to pass title; timing limits) – Explains when a probated will is effective to pass title and includes timing rules that can matter when real property is treated as part of the estate rather than transferred during life.
N.C. Gen. Stat. § 105-317.2 (Information required in deeds; validity not affected) – Lists information that must be included in deeds for tax administration purposes and clarifies that noncompliance does not, by itself, invalidate a duly recorded deed.

Analysis

Apply the Rule to the Facts: Here, the client is already named on the deed for at least one property and is trying to identify and confirm other properties the decedent owned or transferred. The first step is to pull the most recent recorded deed(s) for each suspected parcel and confirm whether the client is shown as a grantee on a deed recorded before the decedent’s death. If the land records show the decedent as the last owner of record at death, the property likely needs to be addressed through the estate process rather than treated as a completed lifetime transfer.

Process & Timing

Who pulls records: The client, an attorney, or a title professional. Where: The Register of Deeds in the North Carolina county where each property is located (and sometimes the county tax office for parcel cross-references). What: The last recorded deed into the decedent, any deed out of the decedent to the client, and any related instruments (for example, recorded power of attorney references if an agent signed). When: As soon as possible, especially if the estate is being administered and there is uncertainty about what is probate vs. non-probate property.
Confirm the chain of title: Work backward from the most recent deed to confirm there is a clear sequence of ownership changes and that the legal description and parcel identifiers match the intended property. If the client’s name appears on a deed, confirm whether it is a full transfer, a partial interest, or a form of co-ownership.
Resolve gaps: If no deed to the client is recorded, check whether the property is being handled through the clerk of superior court estate file (for example, by will, intestacy, or later instruments approved/recorded). If a deed exists but raises questions (agent signature, mismatched names, missing references), a title-curative step may be needed before sale, refinance, or distribution.

Exceptions & Pitfalls

“On the deed” can mean different things: A recorded deed might show co-ownership, a reserved life estate, or another structure that does not transfer full control immediately. The exact deed language matters.
Agent-signed deeds need support in the record: If an agent signed for the decedent, the file should line up with the authority and recording requirements for powers of attorney, including proper references in the deed.
Unrecorded or late-found documents: A deed that was signed but never recorded can create disputes and title problems. Likewise, if the property should pass through the estate, delays in probate or recording in the correct county can create avoidable complications.

For more detail on reviewing land records, see what documents should be reviewed and what information helps request a deed copy.

Conclusion

Yes—confirmation usually comes from the county land records. In North Carolina, the key is whether a deed (or other recorded title instrument) shows the client as the grantee and reflects a completed lifetime transfer before the relative’s death; if not, the property may need to be handled through the estate. The most practical next step is to obtain the most recent recorded deed and related instruments from the Register of Deeds in the county where the land is located and compare them to the date of death.

Talk to a Real Estate Attorney

If you’re dealing with questions about whether a deed transfer was completed before a relative passed away, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [CONTACT NUMBER].

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.