Jan242026
Real Estate Q&A Series

How do I confirm who legally owns the property now that one spouse has died? – North Carolina

Short Answer

In North Carolina, the current legal owner after a spouse dies usually depends on how the last recorded deed titled the property. If the deed shows the spouses owned the property as tenants by the entirety, the surviving spouse generally becomes the sole owner automatically by survivorship, outside probate. If the deed shows a joint tenancy with right of survivorship, the surviving joint owner generally takes the deceased owner’s share, but title still needs to be “cleared” in the public records for a clean sale or refinance.

Understanding the Problem

In North Carolina real estate deals, the key question is often: after one spouse dies, can the surviving spouse sell or refinance, or does a personal representative (estate) have to sign? The answer turns on what the recorded deed says about the form of ownership (for example, tenancy by the entirety or joint tenancy with right of survivorship) and whether the public records clearly show the death and survivorship chain of title. When a deed of trust or other lien references a deceased spouse, the separate question is whether the lien still attaches to the property even if ownership shifted by survivorship.

Apply the Law

North Carolina recognizes survivorship ownership forms that can move title automatically at death. For married couples, tenancy by the entirety is common and generally means the surviving spouse becomes the sole owner at death by survivorship. For non-spouse co-owners (and sometimes spouses if the deed says so), a joint tenancy with right of survivorship can also transfer the deceased owner’s interest to the survivor. Even when ownership transfers automatically, buyers, lenders, and title insurers typically require record evidence (and sometimes a clerk’s order in certain spouse-rights situations) to confirm who can legally sign the deed today.

Key Requirements

  • Read the last recorded deed: The deed’s wording controls whether the property was held as tenancy by the entirety, joint tenancy with right of survivorship, or tenancy in common (which usually requires probate to transfer the deceased owner’s share).
  • Confirm the death and the survivor’s identity: The public record must connect the deceased owner on the deed to the death record and to the surviving owner who now claims title.
  • Check liens against the correct owner(s): A deed of trust recorded against the property typically remains a lien even after a death; survivorship changes who owns the property, not whether a properly recorded lien exists.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the recorded deed appears to reference joint tenancy/tenancy by the entirety, and a deed of trust appears tied to a deceased spouse. If the deed shows the spouses held title as tenants by the entirety, North Carolina law generally places ownership in the surviving spouse automatically at death, but the record still needs to show clear evidence of the death and survivorship for a clean closing. If the deed instead shows joint tenancy with right of survivorship, the survivor generally takes the deceased owner’s interest, but the title search must confirm the survivorship language and that no later deed severed that survivorship before death.

Process & Timing

  1. Who checks: A closing attorney or title professional (and, for due diligence, the investor). Where: The Register of Deeds in the North Carolina county where the property is located. What: Pull the most recent recorded deed into the current seller, plus any later deeds, separation/divorce-related conveyances, and all recorded deeds of trust and releases. When: Before signing a contract if possible, and again before closing.
  2. Confirm survivorship status: If the deed is tenancy by the entirety, confirm the grantees were married at the time of conveyance and the deed does not state a different form of ownership. If the deed is joint tenancy with right of survivorship, confirm the deed uses survivorship language and that no later deed converted the ownership to tenants in common.
  3. Clear the record for closing: In many transactions, the surviving spouse (or the estate, if survivorship does not apply) records the appropriate documentation so the chain of title is clear for the buyer and lender. In some spouse-rights situations, a clerk of superior court order may be used to perfect title under Chapter 31C. The closing attorney typically coordinates what the title insurer will accept.

Exceptions & Pitfalls

  • The deed does not actually create survivorship: In North Carolina, co-ownership defaults to tenancy in common unless the deed clearly creates a joint tenancy with right of survivorship, and tenancy by the entirety depends on the spouses and deed language. If survivorship is not created, the deceased owner’s share usually passes through the estate.
  • Divorce or other termination events: Certain events can terminate tenancy by the entirety other than death, which can change who must sign later. A title search should look for later deeds and court-related conveyances that may have changed the ownership form.
  • Liens do not disappear because an owner died: A deed of trust recorded against the property generally remains a lien that must be paid off, assumed, modified, or otherwise resolved at closing, even if the surviving spouse became the sole owner by survivorship.
  • Record mismatch problems: Name variations, missing marital status indicators, or an unclear chain of title can cause underwriting delays. These issues often require corrective instruments or a clerk/court process before a buyer can get insurable title.

Conclusion

In North Carolina, confirming who owns a property after a spouse dies starts with the last recorded deed: tenancy by the entirety usually means the surviving spouse owns the property automatically by survivorship, while joint tenancy with right of survivorship can also pass ownership to the survivor if the deed clearly says so. Even when title passes automatically, the public record often must be updated to support a sale or refinance. Next step: obtain the last recorded deed and run a full county Register of Deeds title search before closing.

Talk to a Real Estate Attorney

If a purchase involves a deceased spouse in the chain of title or a deed of trust that appears tied to someone who has died, our firm has experienced attorneys who can help clarify who has authority to sign, what documents a title company will require, and what timelines to expect. 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.