Dec42025
Real Estate Q&A Series

How can I sell my parent’s house if I’m not on the title? – North Carolina

Short Answer

In North Carolina, a person who is not listed on the deed cannot sell a parent’s house unless that person has legal authority to sign for the parent or for the parent’s estate. That authority usually comes from a properly drafted and recorded power of attorney while the parent is living, or from appointment as executor or administrator after the parent’s death. Without one of these roles (or being added to title), a closing attorney will not complete the sale.

Understanding the Problem

The narrow question here is: under North Carolina real estate law, how can a child or other family member sell a parent’s house when that person’s name is not on the deed? This comes up when a parent is still living but wants help handling the sale, or when a parent has died leaving a house titled only in the parent’s name. The core issue is what kind of legal authority North Carolina requires before a deed can be signed and recorded to transfer the property.

Apply the Law

Under North Carolina law, only the legal owner of real property, or someone properly authorized to act on that owner’s or estate’s behalf, can sign a deed conveying the property. Real estate transfers must be in writing, properly signed, acknowledged before an authorized official, and recorded in the county where the property lies. When a non-owner signs, the authority usually comes from a power of attorney or from appointment as a personal representative in an estate file.

Key Requirements

  • Legal ownership or authority: The deed must be signed either by the titled owner or by someone who can prove legal authority to act for that owner or the owner’s estate (attorney-in-fact, executor, or administrator).
  • Proper execution and acknowledgment: The deed and any supporting authority must be signed and acknowledged before a North Carolina notary public or other authorized officer so it can be recorded.
  • Recording and compliance with county practice: The deed, and in many cases the power of attorney or estate documents, must be recorded with the county register of deeds where the property is located to give legal notice of the transfer.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because no facts are provided, consider two common North Carolina scenarios. In the first, the parent is alive and has signed a durable power of attorney that specifically authorizes real estate transactions; once that power of attorney is recorded in the proper county, the child can sign a deed as attorney-in-fact, and a closing attorney can complete the sale. In the second, the parent has died owning the house in the parent’s sole name; a child must open an estate, be appointed as personal representative by the clerk of superior court, and then sell in that official capacity or after title passes to the heirs as allowed under North Carolina estate law.

Process & Timing

  1. Who files: If the parent is living and competent, the parent signs a power of attorney naming an agent; if the parent has died, an interested heir or beneficiary petitions to open an estate. Where: The power of attorney is notarized and then recorded with the county register of deeds; estate papers are filed with the clerk of superior court (estates division) in the county where the parent lived. What: Typically, a statutory-compliant power of attorney form for real estate, or standard estate forms to qualify as executor or administrator. When: The power of attorney must be in place and recorded before or in connection with the deed; estate appointment must occur before a deed is signed on behalf of the estate.
  2. After authority is in place, the closing attorney prepares a deed from the parent (acting personally or through the attorney-in-fact) or from the estate’s personal representative to the buyer, along with any required lien payoffs and disclosures. The signing and notarization occur before or at closing, and the deed is then submitted to the register of deeds for recording, usually the same day or within a few days of closing.
  3. Once the deed is recorded, the buyer becomes the record owner. The final documents in the file typically include the recorded deed, any recorded power of attorney or estate orders, and the settlement statement from the closing, all of which show that the non-owner had proper legal authority to sell.

Exceptions & Pitfalls

  • Joint ownership with right of survivorship or a life estate can change who has the right to sign the deed; title must be checked carefully before assuming a child or estate needs to sell.
  • A power of attorney that does not clearly authorize real estate transactions, or that has not been properly recorded as required, may not be accepted by a closing attorney or title insurer.
  • Skipping the estate process when the parent has died, or trying to sell under an old power of attorney that ended at death, can cloud title and cause a future sale or refinance to fail.
  • Failure to have signatures properly notarized or to record all required documents in the correct county can delay recording and create issues for the buyer’s lender and title company.

Conclusion

To sell a parent’s house in North Carolina when not on the title, a child must first obtain legal authority to act for the parent or the parent’s estate. This usually means using a properly drafted and recorded power of attorney while the parent is living, or being appointed as executor or administrator if the parent has died. The key next step is to confirm how title is held and then file the appropriate power of attorney or estate paperwork before signing any deed or sales contract.

Talk to a Real Estate Attorney

If a parent’s home needs to be sold in North Carolina and the family member handling it is not on the deed, our firm has experienced real estate attorneys who can help sort out the title and authority issues and guide the sale process. 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 a specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Real Estate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.