Short Answer

In North Carolina, a deed to each married couple typically creates tenancy by the entirety between those spouses, which includes an automatic right of survivorship. As between different couples on the same deed, the default is that they hold as tenants in common (no survivorship across couples) unless the deed says otherwise. When one spouse dies, that couple’s undivided share vests immediately in the surviving spouse and does not pass through probate; the survivor then owns that share as a tenant in common with the other couples. Update county tax records by providing a certified death certificate.

Understanding the Problem

In North Carolina probate, can a surviving spouse take full title to the couple’s share and, if so, how does that change co-ownership with the other married couples on the deed? Here, the deed states the decedent’s share goes to the surviving spouse at death.

Apply the Law

Under North Carolina law, a conveyance to spouses ordinarily creates tenancy by the entirety (TBE) within that couple, which carries survivorship as a matter of law. Among different couples named on the same deed, the default relationship is tenants in common (TIC) unless the deed clearly says otherwise. When a spouse in a TBE dies, the surviving spouse automatically becomes the sole owner of that couple’s undivided share; no interest from that share enters the decedent’s probate estate. The surviving spouse then holds that undivided share as a TIC alongside the other couples. Routine post‑death housekeeping includes updating county tax records (and, if desired, recording proof of death in the Register of Deeds) to reflect the surviving spouse’s ownership.

Key Requirements

• Creation within each couple: If a deed conveys to a married pair, it ordinarily creates tenancy by the entirety between those two spouses, unless the deed shows a different intent.
• Relationship across couples: Different married couples on the same deed own their respective undivided shares as tenants in common unless the deed expressly creates survivorship among them.
• Survivorship within the couple: On death of one spouse, the other spouse takes the couple’s entire undivided share automatically; the estate does not receive a portion of that share.
• Status after death: The surviving spouse steps into the couple’s place and holds that undivided share as a tenant in common with the other couples.
• Administration and records: Because the TBE share passes outside probate, no court order is needed solely to transfer it; submit a certified death certificate to the county tax office to update billing and ownership records.

What the Statutes Say

• North Carolina Gen. Stat. § 39-13.6 (Tenancy by the entirety) – A conveyance to spouses generally creates TBE with survivorship unless the deed shows a contrary intent.
• North Carolina Gen. Stat. § 41-2 (Joint tenancy without survivorship) – Survivorship is not implied outside TBE; across owners, the default aligns with tenants in common unless survivorship is expressly created.
• North Carolina Gen. Stat. § 28A-15-2(b) (Title to real property at death) – Nonsurvivorship real property vests in heirs or devisees; survivorship property does not enter the probate estate.

Analysis

Apply the Rule to the Facts: Because the deed names each married pair, each couple’s share is held by the entirety. When the decedent died, the couple’s undivided share vested in the surviving spouse automatically and did not become a probate asset. The surviving spouse now stands in the couple’s shoes as a tenant in common with the other married couples. Providing a certified death certificate to the county tax office will align tax records with this change.

Process & Timing

1. Who files: The surviving spouse or estate coordinator. Where: County Tax Office (and optionally the Register of Deeds). What: Certified death certificate; optional survivorship/ownership affidavit if the county requests it. When: As soon as the death certificate is available to ensure tax records reflect the survivor’s ownership.
2. Confirm the deed language shows TBE within each couple and no cross-couple survivorship. If questions remain, obtain a certified deed copy from the Register of Deeds and, if helpful, record the death certificate for clarity. Processing time varies by county.
3. Keep the estate file consistent: if any non‑survivorship North Carolina real property exists, consider whether ancillary letters and notice to creditors are needed before a sale or mortgage; otherwise, no probate step is required just to effect the TBE transfer.

Exceptions & Pitfalls

• Deed wording matters: if the deed shows a different intent or does not reflect a valid marriage at the time of conveyance, TBE may not arise and survivorship may not apply.
• No survivorship across couples: absent clear deed language, the different couples are tenants in common; one couple’s survivorship does not give survivorship rights with other couples.
• Creditor and lien considerations: while TBE generally shields against a decedent’s unsecured creditors, existing liens and mortgage obligations still matter; contribution issues can arise depending on who signed or owed the debt.
• Recordkeeping gaps: failing to give the tax office a death certificate can leave billing and ownership records outdated; some practitioners also record proof of death in the Register of Deeds for title clarity.

Talk to a Probate Attorney

If you’re dealing with multi‑owner real estate where married couples share title and a spouse has died, 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.