What steps do we take to update title records if the deed is not already in both co-owners’ names? – North Carolina

Short Answer

In North Carolina, when inherited property is not correctly shown in both co-owners’ names, the title is usually updated by recording the proper estate documents and, if needed, a new deed. The first step is to confirm how the deceased owner’s interest passed (by will or intestacy), then record the right probate documents in the county where the land lies. If the current deed or estate documents do not clearly show both co-owners, a new deed from the proper owner(s) to both co-owners is typically prepared and recorded with the register of deeds.

Understanding the Problem

The narrow question here is: in North Carolina real estate matters, what steps are taken to update public title records when inherited land is believed to be co-owned, but the deed on record does not yet show both co-owners’ names? This comes up when a deceased parent owned land and multiple children inherit, but only one name (or the parent’s name) still appears in the county records. The central concern is how to move from that outdated deed to a clear record that reflects the correct co-owners, so the land can be managed, insured, or sold without title problems.

Apply the Law

Under North Carolina law, title to real estate passes according to any valid will or, if there is no will, under the intestate succession rules. For inherited property, the clerk of superior court’s probate division and the county register of deeds are the main offices involved in making that transfer visible in the public records. A properly probated will or established intestate heirship, followed by recording the right documents in the county where the land is located, is what turns an “inherited interest” into a clear record title. When those records still do not show the intended co-owners, a corrective or new deed is often required.

Key Requirements

Determine who owns the inherited interest: Confirm whether the deceased parent left a will and, if so, who the devisees are, or identify the heirs under intestate succession when there is no will.
Place the estate documents of record in the right county: Make sure the will (with probate certificate), intestate estate filings, or other heirship documents are recorded or filed so that the transfer of the deceased owner’s interest can be traced in the county where the property sits.
Record a deed that matches the true co-ownership: If title still does not show both co-owners, prepare and record a deed from the current record owner(s) or personal representative to both co-owners, as tenants in common or with survivorship if appropriate and permitted.

What the Statutes Say

N.C. Gen. Stat. § 39-1 (Fee presumed) – A deed that conveys real estate is presumed to pass full ownership unless it clearly states a lesser estate.
N.C. Gen. Stat. § 31-39 (Probate necessary to pass title) – A will must be probated, and in some cases recorded in the county where the land lies, to be effective against certain third parties regarding real property.
N.C. Gen. Stat. § 41-70 (Definition of conveyance) – A conveyance includes transfer of title by deed, devise, or assignment, confirming that estate transfers and deeds both affect ownership.

Analysis

Apply the Rule to the Facts: In the facts described, a deceased parent owned land in North Carolina and the surviving children are reported to have inherited it. One child has been handling property taxes, and the land is believed to be titled in both the spouse and a sibling’s names, but the deed status is uncertain. First, it is necessary to check the existing deed at the county register of deeds and the parent’s probate file with the clerk of superior court to see exactly how title passed. If the estate documents show that both children inherited but the deed or recorded materials do not yet list them, a new deed from the proper owner (such as the estate’s personal representative or the currently listed heir) to both co-owners would usually be prepared, then signed, notarized, and recorded so that the public record reflects both co-owners’ names.

Process & Timing

Who files: Typically an heir, devisee, or the estate’s personal representative. Where: The clerk of superior court (probate division) and the register of deeds in the North Carolina county where the property is located. What: Obtain and, if needed, file certified copies of the probated will and probate certificate or intestate estate documents; then prepare a deed (such as an executor’s deed, administrator’s deed, or heir-to-heir deed) naming both co-owners. When: This is usually done after the estate is opened and the deceased owner’s interest is clearly determined; some timing rules apply for probating wills and recording them in the county where the land lies.
After the deed is drafted, the current record owner(s) sign it before a notary. The signed deed is then delivered to the register of deeds for recording, along with any required excise tax forms and fees. Recording times are often the same day or within a few business days, depending on county volume.
Once recorded, the register of deeds indexes the deed under each new co-owner’s name and by the property description. The updated ownership should then appear on future title searches, and the county tax office can align its records with the new deed if needed.

Exceptions & Pitfalls

If the deceased parent had a valid will that leaves the land to different beneficiaries than the children now in possession, the will controls, and co-ownership may not match expectations.
If there was a prior unrecorded deed or a recorded deed conveying the property to only one heir, that instrument may control and require that person to convey an interest to the other co-owner by a new deed.
Failing to check for liens, judgments, or unpaid taxes before signing a corrective deed can leave the new co-owners with unexpected title issues that surface in later sales or refinances.
Service and notice problems in the underlying estate (for example, heirs not properly notified) can later raise questions about whether the estate’s transfer of the property was valid, which sometimes requires additional court action to cure.

Conclusion

To update title records in North Carolina when a deed does not yet reflect both co-owners’ names, the key steps are to confirm how the deceased owner’s interest passed, place the necessary probate or heirship documents of record in the county where the land lies, and then record a deed that matches the true co-ownership. The practical next step is to obtain and review the current deed and probate file, then prepare and record an appropriate deed with the register of deeds so that public records show both co-owners.

Talk to a Real Estate Attorney

If inherited North Carolina real estate is not correctly titled in both co-owners’ names, our firm has experienced attorneys who can help clarify ownership and outline the steps to update the deed and probate records. 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.