Detailed Answer

When a person dies without a valid will in North Carolina, intestate succession rules under N.C. Gen. Stat. § 29-14 determine who inherits real estate. A surviving spouse often inherits all or part of the decedent’s real property. To transfer and record clear title, follow these steps:

1. Determine the Proper Procedure

If the decedent left only real property and the surviving spouse is the sole heir with no minor children, the estate may qualify for a summary affidavit procedure under N.C. Gen. Stat. § 28A-19-2. Otherwise, you must open formal administration.

2. Small Estate Affidavit (When Applicable)

1. Prepare an affidavit of heirship using the form and requirements in § 28A-19-2.
2. Include the decedent’s name, date of death, property description and confirmation that the surviving spouse is the only heir and there are no minor children.
3. Deliver the affidavit to the clerk of superior court. After ten days, request a certified copy with the clerk’s stamp.
4. Record the certified affidavit, the death certificate and any required exhibits with the Register of Deeds in the county where the property lies.

3. Formal Administration (When Needed)

1. File a petition for administration in the clerk of superior court where the decedent lived. Cite Chapter 28A of the General Statutes.
2. After notice to heirs and creditors, the clerk issues letters of administration to the surviving spouse.
3. Prepare a personal representative’s deed using the statutory form in N.C. Gen. Stat. § 47-30.11. The deed must identify the estate, the personal representative, the legal description, and state that it conveys title pursuant to court order.
4. Have the deed properly executed and notarized by the personal representative.
5. Obtain a certified copy of the court order of distribution or letters of administration from the clerk.
6. Record the deed and certified court documents with the Register of Deeds in the county where the property is located.

Once the deed or affidavit records, the surviving spouse holds legal title free of the decedent’s estate claims.

Key Points to Remember

• Intestate rules in Chapter 29 govern who inherits.
• Small estate affidavits under § 28A-19-2 avoid formal probate when only a spouse inherits real property.
• Formal administration requires letters of administration and a personal representative’s deed under § 47-30.11.
• All recorded documents must include certified copies of death certificates and clerk stamps.
• File and record in the county where the decedent owned real property.
• Recordation fees vary by county; check with the Register of Deeds.

Next Steps and Contact

Transferring real property after an intestate death involves precise steps and strict compliance with North Carolina statutes. Pierce Law Group’s attorneys can guide you through small estate affidavits or formal administration. To discuss your situation and ensure proper transfer of title, email us at intake@piercelaw.com or call us at (919) 341-7055.