Short Answer

In North Carolina, the cleanest way is to hold title with your current spouse as tenants by the entirety, which carries automatic survivorship—your spouse becomes sole owner at your death. First, clear title from your deceased spouse (how you do that depends on what the old deed says). Then record a new deed putting the home in you and your current spouse’s names as tenants by the entirety. A will or a revocable trust can also direct the home to your spouse.

Understanding the Problem

In North Carolina, can you make sure your current spouse gets your house when you die? You own a home that still shows your deceased spouse on the deed, and no estate was ever opened for that spouse. You now want to remove the deceased spouse from title and add your current spouse so the house will pass to them when you die.

Apply the Law

North Carolina recognizes several ways to pass a home to a spouse. If a married couple holds title as tenants by the entirety, the survivor becomes sole owner at the other’s death by operation of law; no probate for that house is needed. If the prior deed was joint tenancy without survivorship or tenants in common, the deceased owner’s share did not pass to the other owner at death; it passed to that person’s heirs or will beneficiaries. In those cases, you must clear that share from title before you can retitle the home with your current spouse. The Register of Deeds is the recording office; the Clerk of Superior Court handles any estate filings. A key timing rule: sales or mortgages by heirs within two years of a co-owner’s death have special creditor rules.

Key Requirements

• Confirm how the old deed was titled: Survivorship exists only if the deed says so (or if it was tenancy by the entirety between spouses).
• Clear the deceased spouse from title: Record a certified death certificate if survivorship applied; otherwise, address the deceased spouse’s share through heir deeds or an estate.
• Retitle with your current spouse: Record a new deed to you and your current spouse as tenants by the entirety to create automatic survivorship.
• Consider backup planning: A will or a revocable living trust can direct the home to your current spouse if survivorship is not used.
• Mind creditor and timing rules: Non‑survivorship interests vest in heirs at death; sales by heirs within two years of death have notice requirements to protect against creditor claims.

What the Statutes Say

• North Carolina Gen. Stat. § 39-13.6 (Tenancy by the entirety) – Spouses can hold real property with survivorship so the survivor becomes sole owner at death.
• North Carolina Gen. Stat. § 41-71 (Joint tenancy with right of survivorship in real property) – Survivorship must be created by express language.
• North Carolina Gen. Stat. § 28A-15-2 (Title to property at death) – Non‑survivorship real property vests in heirs or devisees at death.
• North Carolina Gen. Stat. § 28A-17-12 (Sales by heirs or devisees; two‑year rule) – Sales or mortgages within two years of death face creditor protections unless statutory steps are taken.

Analysis

Apply the Rule to the Facts: First, check the old deed. If it was to you and your former spouse as “husband and wife” (tenancy by the entirety), you became sole owner when they died; recording a certified death certificate with the Register of Deeds typically updates the record. If the deed was tenants in common or joint tenancy without survivorship, your former spouse’s share passed to that spouse’s heirs or will beneficiaries. You’ll need heir deeds or an estate proceeding to clear their share before you add your current spouse.

Process & Timing

1. Who files: Homeowner. Where: Register of Deeds in the county where the property sits; Clerk of Superior Court if an estate is needed. What: Record a certified death certificate (if survivorship applied); otherwise, open an estate using AOC forms like Application for Probate and Letters (AOC‑E‑201 for wills; AOC‑E‑202 for intestate) to identify heirs and enable conveyance. When: As soon as practical; county recording times vary.
2. Obtain and record the corrective deed(s): either (a) a deed from the deceased spouse’s heirs or the personal representative to you, or (b) if you already hold full title via survivorship, proceed to the next step. Typical recording is same day to a few days depending on county workload.
3. Retitle with your current spouse: record a new deed from you to “you and [current spouse] as tenants by the entirety.” Expect immediate recordation; updated tax records may take additional time.

Exceptions & Pitfalls

• Assuming survivorship when it isn’t written: In North Carolina, joint ownership does not include survivorship unless the deed says so; many older deeds are tenants in common by default.
• Skipping the deceased spouse’s heirs: If there was no survivorship, the heirs or devisees own that share. You need their deed or an estate conveyance to clear title.
• Creditor and lien issues: Tenancy by the entirety usually keeps a deceased spouse’s general debts from touching the home, but recorded liens and mortgages still attach.
• Recording tax updates: Changing tax records alone does not change title. Record deeds and supporting documents with the Register of Deeds.
• Will-only planning: A will can leave the house to your spouse but does not avoid probate; using tenancy by the entirety or a revocable trust can provide smoother transfer.

Talk to a Estate Planning Attorney

If you’re dealing with clearing a deceased spouse from a deed and retitling your home so it passes to your current spouse, 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.