Short Answer

Often yes. In North Carolina, when someone dies without a will, title to their real estate vests in the heirs at death, so your siblings can sign and record a deed transferring their interests to you. But any transfer within two years of death remains subject to estate creditors. If a personal representative has not published a Notice to Creditors and joined the deed, the transfer can be void as to creditors (including Medicaid).

Understanding the Problem

You want to know if your siblings can deed their inherited shares of the family home to you in North Carolina without opening probate. The key decision is whether you can safely record an heirs’ deed now, given that Medicaid has made a claim and you plan to seek an undue hardship waiver, and you wish to avoid formal probate.

Apply the Law

In North Carolina, nonsurvivorship real estate passes at death to heirs (if no will) or to devisees (if a will is probated). Even though title vests outside the probate estate, real property remains available to pay valid estate debts and claims. Within two years of death, any sale, lease, or mortgage by heirs is void as to creditors unless a personal representative has published a Notice to Creditors and joins in the conveyance. Medicaid is treated as a creditor and may pursue estate recovery unless a timely hardship waiver is granted.

Key Requirements

• Title vests at death: Heirs take title at death (intestate), or devisees take title when a will is probated; either way, title relates back to death.
• Subject to claims: The home remains available to pay valid estate debts and claims, including Medicaid estate recovery.
• Two-year rule: Within two years of death, an heirs’ transfer is void as to creditors unless a personal representative publishes notice to creditors and joins the deed.
• Medicaid considerations: Medicaid is a creditor; it can seek appointment of a personal representative to sell property if its claim is unpaid. A hardship waiver can limit or delay recovery but must be granted.
• Execution and recording: All heirs (and their spouses, to release marital rights) must sign a properly drafted deed that is recorded with the Register of Deeds.

What the Statutes Say

• N.C. Gen. Stat. § 28A-15-2(b) (Real property vesting) – Title to nonsurvivorship real estate vests in heirs at death or in devisees upon probate of the will.
• N.C. Gen. Stat. § 28A-17-12 (Transfers by heirs within two years) – Heirs’ transfers within two years are void as to creditors unless the PR publishes notice and joins the conveyance.
• N.C. Gen. Stat. § 28A-14-1 (Notice to creditors) – Requires publication and mailing of notice to start the claim window.
• N.C. Gen. Stat. § 108A-70.5 (Medicaid estate recovery) – Authorizes recovery of certain Medicaid benefits from the estate and describes hardship waiver concepts.

Analysis

Apply the Rule to the Facts: Because the home is the only asset and you and your siblings inherited it, you each own a share now. Your siblings can sign and record a deed to you, but Medicaid’s estate claim means the property remains subject to that claim. Within two years of death, any heirs’ deed is void as to creditors unless a personal representative publishes a Notice to Creditors and joins the deed. Your planned hardship waiver could protect the home, but until it is granted (or creditors are barred), transferring without involving a personal representative risks later challenge.

Process & Timing

1. Who files: An heir (or other interested person). Where: Clerk of Superior Court in the decedent’s county of domicile. What: Apply to qualify a personal representative or request a limited appointment to publish notice to creditors (use AOC-E-201 or AOC-E-202 as appropriate) and arrange newspaper publication per statute. When: As soon as practicable; creditors get at least 90 days from first publication to file claims.
2. Coordinate with Medicaid: submit your undue hardship waiver and provide any requested residency/financial proof. Wait for the 90-day claim period to expire and evaluate Medicaid’s response. Timeframes vary by county and agency.
3. Prepare and record the deed: have all siblings (and their spouses) sign a properly prepared non-warranty or quitclaim deed conveying their interests to you. If within two years of death and the estate is open, have the personal representative join the deed to satisfy the statute. Record with the Register of Deeds and update tax records.

Exceptions & Pitfalls

• If there is a will, title passes to devisees only after the will is probated; you may need to probate the will without qualifying a representative to perfect title.
• Small-estate affidavits do not authorize sale or transfer of real estate; use a personal representative if real property must be conveyed or used to pay debts.
• Missing signatures (an heir or an heir’s spouse) can cloud title and derail recording.
• Medicaid can seek appointment of a personal representative to enforce recovery if its claim is unpaid; a granted hardship waiver can change the outcome but is not automatic.
• Disclaimers/renunciations must meet statutory requirements and timing; they do not defeat valid creditor rights in estate property.

Talk to a Probate Attorney

If you’re dealing with an heirs’ deed and a Medicaid estate recovery claim on a North Carolina home, 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.