Short Answer

In North Carolina, the process depends on how you and your first spouse held title. If the deed was to you and your spouse as tenants by the entirety or as joint tenants with right of survivorship, you became sole owner at your spouse’s death; you typically record the death certificate and then sign and record a new deed adding your new spouse (usually as tenants by the entirety). If the deed did not include survivorship (tenants in common), your first spouse’s share passed to their heirs or devisees, so you must clear that interest (through probate or deeds from the heirs) before you can add your new spouse.

Understanding the Problem

In North Carolina, how you add a new spouse to your deed turns on one decision point: how title was held with your first spouse. You (the homeowner) want to remove your late spouse’s name and add your current spouse to the house title years after your first spouse died and no estate was opened. This article explains the steps to update ownership now and set up your deed so your home passes to your current spouse at your death.

Apply the Law

North Carolina recognizes several ways to co-own real estate. Married couples commonly hold title as tenants by the entirety (automatic survivorship), which makes the surviving spouse the sole owner at the other’s death. A deed can also create joint tenancy with right of survivorship (only if the deed says so). If the deed does not include survivorship, the owners hold as tenants in common; at death, the decedent’s share passes to heirs or devisees, not to the surviving co-owner. The main office involved in the title update is the county Register of Deeds; probate issues are handled by the Clerk of Superior Court (Estates Division). A key timing rule: sales or mortgages by heirs/devisees within two years of death can be void as to creditors unless a personal representative publishes notice or joins the transaction.

Key Requirements

• Confirm how the old deed was titled: Read the last recorded deed to see if it created tenants by the entirety or a survivorship form, or instead tenants in common.
• If survivorship applied: Record a certified death certificate to update the chain of title, then sign and record a new deed from you to you and your new spouse as tenants by the entirety.
• If no survivorship: Your first spouse’s share vested in heirs or devisees; clear that interest via probate (or record deeds from the heirs) before you retitle with your new spouse.
• Use proper deed formalities: Correct legal description, signatures, notarization, and recordation with the county Register of Deeds.
• Check for liens and claims: Confirm property taxes, HOA dues, judgments, or other encumbrances that could affect marketable title.

What the Statutes Say

• North Carolina Gen. Stat. § 39-13.6 (Tenancy by the entirety) – Deeds to spouses generally create tenancy by the entirety with survivorship.
• North Carolina Gen. Stat. § 41-2 (Joint tenancy) – Survivorship is abolished unless the deed expressly provides it.
• North Carolina Gen. Stat. § 28A-15-2(b) (Vesting of title) – Non-survivorship real property vests in heirs or devisees at death.
• North Carolina Gen. Stat. § 28A-17-12 (Sales by heirs/devisees) – Sales/mortgages within two years can be void as to creditors unless statutory steps are followed.

Analysis

Apply the Rule to the Facts: Because no estate was opened and your first spouse died years ago, start by pulling your recorded deed. If it shows tenancy by the entirety or says both of you took title with survivorship, you became sole owner at death; recording the death certificate and then deeding to yourself and your new spouse as tenants by the entirety will add them and ensure survivorship going forward. If the old deed did not include survivorship (tenants in common), your late spouse’s share passed to their heirs or devisees; you will need probate documentation or deeds from those heirs to clear title before adding your new spouse.

Process & Timing

1. Who files: The homeowner. Where: County Register of Deeds (recording) and, if needed, the Clerk of Superior Court (Estates Division) for probate. What: Obtain and record a certified death certificate; then prepare and record a deed from you to you and your new spouse as tenants by the entirety. If no survivorship on the old deed, file probate as needed (e.g., probate of will without qualification using AOC-E-199/AOC-E-304, or other applicable estate procedures) or obtain deeds from heirs. When: As soon as you confirm the old deed’s vesting; county recording is typically same-day once accepted.
2. After recordation, the Register of Deeds returns the recorded deed; update the tax office records and your homeowner’s insurance. Timeframes can vary by county.
3. Final step: Keep stamped copies of the recorded death certificate (if used) and new deed. Your new vesting as tenants by the entirety provides survivorship to your current spouse.

Exceptions & Pitfalls

• Assuming survivorship without checking the deed. In North Carolina, survivorship must be in the deed’s wording unless the owners were spouses holding by the entirety.
• Trying to “remove” a deceased co-owner from a tenants-in-common deed without probate or deeds from heirs. Title will not clear until the decedent’s interest passes.
• Recording errors: wrong legal description, missing notary acknowledgment, or improper margins lead to rejection by the Register of Deeds.
• Undisclosed liens, unpaid taxes, or HOA assessments can cloud title. Run a lien check before recording the new deed.
• County practices vary. Some counties accept an affidavit of survivorship or heirship to supplement the record; verify local requirements before filing.

Conclusion

To add your new spouse to the deed in North Carolina, first confirm how title was held with your first spouse. If survivorship applied, record the death certificate and then record a deed from you to you and your new spouse as tenants by the entirety. If there was no survivorship, clear your first spouse’s share through probate or deeds from heirs before recording a new deed. Next step: pull your last recorded deed and the death certificate, then file the appropriate documents with the Register of Deeds.

Talk to a Estate Planning Attorney

If you’re dealing with updating a deed after a spouse’s death and want to add your new 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.