Short Answer

In North Carolina, title to a home devised in a will generally passes to the beneficiary at death, but you must probate the will and record certified copies to show marketable title. Practically, you file the will for probate with the Clerk of Superior Court, obtain a certified copy of the probated will and the clerk’s certificate of probate, and record those in the Register of Deeds where the property is located. You usually do not need a new deed unless the estate sells the property.

Understanding the Problem

You want to know what to file in North Carolina so the county land records reflect you as owner of a house left to you by will. You are the sole child and named executor under the will. The single decision here is: what documents and filings are required, with which North Carolina offices, to show title in your name?

Apply the Law

Under North Carolina law, if a will leaves real estate to a beneficiary (a “devisee”), title normally vests in that person at death. The will still must be probated by the Clerk of Superior Court. To make the land records show your ownership, you record a certified copy of the probated will and the clerk’s certificate of probate in the Register of Deeds of the county where the property lies. The personal representative may still take possession or sell the property if needed to pay claims, and sales by heirs or devisees within two years after death have special rules. Main forum: Clerk of Superior Court (probate). Recording office: Register of Deeds (property county). Key timing: two-year protection rule for probate/recording against certain third parties and the creditor-claim period after notice is published.

Key Requirements

• Probate the will: File the will with the Clerk of Superior Court in the decedent’s county and have it admitted to probate; get Letters Testamentary if you will administer the estate.
• Record certified copies: Obtain a certified copy of the probated will and the clerk’s certificate of probate and record them in the Register of Deeds where the house is located (and in any other NC county with decedent’s real estate).
• Respect creditor rules: Publish and mail notice to creditors after you qualify; avoid selling or mortgaging the property within two years unless the personal representative joins as required.
• No new deed needed (if not selling): For a simple devise, recording the certified will and probate certificate evidences your title; an executor’s deed is used only if the estate conveys title to a buyer.
• Liens continue: Mortgages, taxes, and HOA liens follow the land; keep payments current and notify the lender and tax office.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-15-2 (Vesting of property) – Real property vests in devisees at death, subject to administration.
• North Carolina Gen. Stat. § 28A-2A-13 (Effect of probate; recording) – Certified copies of the will and certificate of probate may be filed in other counties to affect title.
• North Carolina Gen. Stat. § 28A-17-12 (Sales by heirs or devisees) – Limits sales by heirs/devisees within two years; personal representative must join in certain transfers.
• North Carolina Gen. Stat. § 31-39 (Will’s effectiveness against creditors/purchasers) – Will must be probated (and recorded as applicable) to pass title as against lien creditors and purchasers, generally within two years.

Analysis

Apply the Rule to the Facts: Because the will leaves the home to you and you are the named executor, probate the will in the decedent’s county, then get a certified copy of the probated will and the clerk’s certificate of probate recorded in the Register of Deeds where the house sits. Your title is subject to the mortgage and to the estate’s creditor process. If a sale is needed within two years after death, the personal representative must join the deed after proper notice to creditors.

Process & Timing

1. Who files: The named executor. Where: Clerk of Superior Court in the decedent’s North Carolina county. What: Application for Probate and Letters (AOC-E-201), original will, and death certificate; then publish and mail notice to creditors. When: File promptly; others may apply if the executor does not act after 60 days.
2. Obtain certified copies: After admission to probate, request certified copies of the will and the clerk’s certificate of probate. Record them with the Register of Deeds in the county where the house is located. If the property is in multiple NC counties, record in each.
3. After recording: Notify the tax office, mortgage servicer, and insurance carrier. If no sale is needed to pay claims, no deed is required; the recorded will and probate certificate evidence your ownership in the land records.

Exceptions & Pitfalls

• If the will gives the personal representative title or a power to sell, the personal representative may need to take possession or sell to pay claims, which can affect timing.
• Do not sell or mortgage within two years of death without the personal representative joining the deed after proper creditor notice; otherwise, the transfer can be void as to creditors.
• Recording in the wrong county or failing to record certified copies can cloud title; always record in the Register of Deeds where the land lies.
• Unpaid mortgages, taxes, or HOA assessments remain liens; staying current avoids default issues.

Talk to a Probate Attorney

If you’re trying to update title to a North Carolina home left to you by will, our firm can help you navigate probate, creditor notices, and recording. Call us today to discuss your options and timeline.

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.