Jan272026
Real Estate Q&A Series

How can my parent sign a deed for out-of-state property if they can’t travel to where the land is? – North Carolina

Short Answer

In most situations, a parent does not have to travel to the state where the land is located to sign a new deed. The parent can usually sign the deed in North Carolina in front of a notary (or, in some cases, use North Carolina remote online notarization), and then the signed deed is sent to be recorded in the county where the out-of-state land sits. The key is making sure the deed and the notarization meet the recording rules of the state and county where the property is located.

Understanding the Problem

Under North Carolina real estate practice, the practical question is: can a parent who is physically in North Carolina validly sign and notarize a deed that transfers land located in another state, without traveling to that other state? The decision point is whether the deed can be executed and notarized in North Carolina in a way that the out-of-state recording office will accept for recording in the county where the land is located.

Apply the Law

North Carolina law focuses heavily on proper execution and acknowledgment (notarization) for documents that will be recorded. In North Carolina, a register of deeds generally will not accept a recordable instrument that requires acknowledgment unless it appears to have been properly acknowledged before an officer who appears authorized, and the acknowledgment includes the notary’s signature, commission expiration date, and seal if required. North Carolina also allows remote electronic notarization when the notary follows the statutory procedures, including making a communication-technology recording.

Key Requirements

  • A deed drafted to the other state’s rules: The deed must match the legal requirements of the state where the land is located (for example, required language, formatting, witness rules, and any state-specific forms).
  • A notarization the recording office will accept: Even if the parent signs in North Carolina, the acknowledgment must be completed correctly (and sometimes in a specific form) so the out-of-state recorder will accept it.
  • Recording in the correct place: The deed must be delivered for recording to the county office that records land records where the property is located (often called the recorder, clerk, or register of deeds, depending on the state).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the parent is physically in North Carolina and wants to sign a new deed transferring land located in another state. That usually can be handled without travel by preparing a deed that complies with the other state’s requirements, having the parent sign in North Carolina with a proper acknowledgment (either in-person before a notary or by North Carolina remote online notarization if appropriate), and then sending the original signed deed for recording in the county where the land is located. The main risk is not the parent’s location, but whether the out-of-state recording office will accept the form of deed and the form of notarization used.

Process & Timing

  1. Who files: Typically the grantee (adult child) or the attorney handling the transfer. Where: The land-records office in the county where the out-of-state property is located. What: A deed that meets that state’s requirements, signed by the parent and properly notarized. When: As soon as practical after signing, because recording is what puts the transfer into the public land records.
  2. Execution step in North Carolina: The parent signs the deed in North Carolina. If signing in person, the parent signs in front of a notary and completes the acknowledgment correctly. If using remote online notarization, the notary must follow North Carolina’s remote-notarization procedures, including identity proofing and creating the required recording.
  3. Recording step out of state: The signed original is delivered (often by mail or courier) to the out-of-state county recording office with any required cover sheets and fees. Once recorded, the office returns a recorded copy or recording information, depending on that county’s process.

Exceptions & Pitfalls

  • Out-of-state witness rules: Some states require witnesses in addition to notarization. If the deed is signed in North Carolina without the required witnesses, the out-of-state recorder may reject it or the deed may be challenged later.
  • Notary form mismatch: A deed can be rejected if the acknowledgment block is not in a form the other state accepts, even if the signature is genuine. A common fix is to use the other state’s preferred acknowledgment form while still having it notarized in North Carolina.
  • Capacity and undue influence concerns: If the parent is elderly or dependent on the adult child, the notary (and later, a court) may scrutinize whether the parent understood the transfer and signed voluntarily. Remote notarization has additional safeguards, and the notary must refuse if the signer appears confused or pressured.
  • Power of attorney shortcuts: Sometimes a power of attorney is used so the child can sign for the parent, but that only works if a valid power of attorney exists and the other state’s recording office accepts it (often requiring the power of attorney to be recorded as well). For more on that topic, see record a power of attorney.

Conclusion

A parent in North Carolina can often sign a deed transferring out-of-state land without traveling, as long as the deed is prepared to meet the other state’s requirements and the parent’s signature is properly notarized (in person or, when appropriate, through North Carolina remote online notarization). The practical goal is acceptance by the county recording office where the land is located. The next step is to have an attorney prepare the deed for the property’s state and arrange notarization, then record the signed original promptly in the correct out-of-state county.

Talk to a Real Estate Attorney

If a parent needs to transfer out-of-state land but cannot travel, our firm has experienced attorneys who can help coordinate deed preparation, notarization, and recording so the paperwork matches the requirements of the state where the property is located. 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 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.

Category: Real Estate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.