Short Answer

Yes. In North Carolina, you can sign and record a deed that keeps a life estate for yourself and gives the remainder to your two grandchildren so the property passes at death without probate. If you want to keep full control (the ability to sell or mortgage) and manage a minor grandchild’s share or delay sale until a set age, a revocable living trust funded by a deed into the trust is usually the cleaner, more flexible route. North Carolina does not have a transfer-on-death deed for real estate.

Understanding the Problem

You own North Carolina real estate and want to keep the right to live there for life, then have title pass to two grandchildren at your death—avoiding probate and keeping the property intact, with one grandchild being a minor and with parents not controlling that minor’s share. You’re deciding between using a deed alone or moving the property into a living trust now.

Apply the Law

North Carolina allows you to reserve a life estate and deed the remainder to others; at your death, the remainder vests without probate. Joint tenancy with a right of survivorship exists only if the deed clearly says so; otherwise, co-owners hold as tenants in common and a decedent’s share passes through probate. North Carolina does not offer a transfer-on-death deed for real property. To control when and how grandchildren receive or sell, and to keep parents from managing a minor’s share, a revocable living trust can hold title and set those rules. Deeds are recorded with the Register of Deeds in the county where the land sits.

Key Requirements

• Clear lifetime interest: Reserve a life estate (or place the property in a revocable trust that lets you live there and keep control).
• Express survivorship or remainder: State exactly who takes at death; survivorship among co-owners must be written into the deed.
• Minor’s share management: Use a trust (or a named custodian) so a court-appointed guardian or a parent does not control the minor’s interest.
• Avoiding probate: Record the deed during your lifetime (either a life estate deed to the grandchildren’s trust or a deed into your revocable living trust).
• Creditor nuance: Property that passes outside probate can still be tapped to pay valid estate debts if the estate is short.

What the Statutes Say

• North Carolina Gen. Stat. § 41-2 (Joint tenancy; survivorship by express language) – Survivorship is not implied; it must be stated in the instrument.
• North Carolina Gen. Stat. § 39-13.6 (Tenancy by the entirety) – Spouses may hold with survivorship automatically; different from gifts to grandchildren.
• North Carolina Gen. Stat. § 28A-15-1 (Estate assets and payment of claims) – Real property may be reached to satisfy valid debts if the estate is otherwise insufficient.

Analysis

Apply the Rule to the Facts: A recorded life estate deed can pass your parcel to both grandchildren at your death without probate, but it gives them co-ownership then and limits your ability to sell without their consent. Because one grandchild is a minor and you do not want parents controlling that share—and you want to delay a sale until both agree or a set age—a revocable living trust is better: deed the property into your trust now, remain trustee during life, and direct a successor trustee to hold, manage, and control sale timing and ages for distribution.

Process & Timing

1. Who files: You, as owner. Where: Register of Deeds in the county where the property is located in North Carolina. What: Either (a) a deed reserving a life estate with the remainder to a named trustee for your grandchildren under your revocable living trust, or (b) a deed conveying the property into your revocable living trust. When: During your lifetime, and record promptly to ensure the plan avoids probate.
2. If using a trust, sign the revocable trust agreement, name a successor trustee, set instructions (e.g., “no sale until both beneficiaries agree” or until age X), and then record the deed transferring the property into the trust. County recording times vary but are typically same day to a few days.
3. After death, the successor trustee follows your instructions (holding or selling as directed). If you used a life estate deed, the remaindermen record proof of your death to update title.

Exceptions & Pitfalls

• A standard life estate deed limits your later ability to sell or mortgage without the remaindermen’s consent; a trust preserves your control while you are trustee.
• Leaving a remainder directly to a minor can trigger a court guardianship or parental control; naming a trustee avoids that and allows staged distributions.
• If survivorship language is missing, co-owners hold as tenants in common and a decedent’s share can require probate.
• Even property passing outside probate can be reached to pay valid estate debts if the estate is short; plan liquidity and creditor issues.
• North Carolina does not provide a transfer-on-death deed for real estate; use a deed during life or a funded revocable trust instead.

Talk to a Estate Planning Attorney

If you’re dealing with how to keep lifetime control of North Carolina real estate and then pass it to grandchildren without probate, our firm has experienced attorneys who can help you understand your options and timelines. 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.