Short Answer

In North Carolina, if the deed says you owned the property as joint tenants with right of survivorship (or as spouses by the entirety), the surviving owner becomes the sole owner at death without probate. To reflect that in land records, record a certified death certificate (and, if your county prefers, a brief affidavit of death/survivorship) with the Register of Deeds where the property is located. If the estate has unpaid debts or possible Medicaid claims, get advice before any transfer.

Understanding the Problem

You want to know whether you can clear your late co-owner’s name from a North Carolina deed and what steps are required. You are the surviving co-owner and the deeds include right-of-survivorship language. The immediate action is to update the county land records; the timing matters if you plan to sell or transfer the property.

Apply the Law

North Carolina allows co-owners to hold real estate with a right of survivorship if the deed says so. When one co-owner dies, the surviving co-owner takes full title by operation of law. Recording a certified death certificate with the county Register of Deeds updates the chain of title. Real property, including property that passes by survivorship, can still be reached to pay valid estate debts if necessary, and Medicaid estate recovery may apply in certain cases. The main forum for updating title is the county Register of Deeds; there is no fixed filing deadline, but do it before any sale or refinance.

Key Requirements

• Confirm deed language: The deed must expressly say “with right of survivorship” (or be a tenancy by the entirety for spouses) for automatic vesting.
• Record evidence of death: File a certified death certificate (and, if requested by your county, a short affidavit of death/survivorship) with the Register of Deeds where the land sits.
• No probate just to clear title: If survivorship applies, probate isn’t required to remove the deceased co-owner from land records.
• Watch creditor/Medicaid exposure: Even survivorship property can be subject to estate or Medicaid claims if other assets are insufficient.
• Transferring later: If you deed the property to a sibling, use a properly prepared deed and consider tax, lien, and financing issues before recording.

What the Statutes Say

• North Carolina Gen. Stat. § 41-2 (Joint tenancy; survivorship by express language) – Survivorship exists only if the deed says so.
• North Carolina Gen. Stat. § 39-13.6 (Tenancy by the entirety) – Spouses take with survivorship by law unless stated otherwise.
• North Carolina Gen. Stat. § 28A-15-1 (Assets available to pay claims) – Real property may be used to pay valid estate debts.
• North Carolina Gen. Stat. § 108A-70.5 (Medicaid Estate Recovery) – State may seek recovery from assets available to the estate.

Analysis

Apply the Rule to the Facts: Your deeds state a right of survivorship, so your co-owner’s interest passed to you automatically at death. You do not need probate solely to clear title. To show this in land records, record a certified death certificate (and, if the county prefers, an affidavit of death of joint tenant) with the Register of Deeds. Before gifting or quitclaiming to a sibling, address possible estate creditor/Medicaid issues and tax consequences.

Process & Timing

1. Who files: Surviving co-owner. Where: County Register of Deeds (in the county where the property lies). What: Record a certified death certificate; some counties accept or prefer an “Affidavit of Death of Joint Tenant/Survivorship.” When: As soon as practical and before any sale, refinance, or transfer.
2. Ask the county tax office to update the tax listing after recording; expect processing within days to a few weeks depending on county workload.
3. If you plan to transfer to a sibling: have a North Carolina deed prepared (typically a general warranty or non-warranty/quitclaim, as appropriate), confirm no lender or HOA restrictions, and record the deed with any required transfer forms. Keep records of consideration and intent for tax reporting.

Exceptions & Pitfalls

• No explicit survivorship language: If the deed lacks clear survivorship wording, the decedent’s share does not pass automatically; probate or other proceedings may be needed to transfer title.
• Creditor/Medicaid issues: Even with survivorship, real property can be reached if the estate lacks assets to pay valid claims; resolve these risks before transferring.
• Gift/Tax concerns: A quitclaim or nominal‑consideration deed may be a taxable gift and may affect income‑tax basis; consult a CPA before recording.
• Loan and lien constraints: Existing deeds of trust or liens may limit transfers; get lender consent if required.
• Recording errors: Use a certified death certificate; match names exactly; ensure notarization and legal description are correct to avoid title defects.

Talk to a Probate Attorney

If you’re dealing with removing a deceased co-owner from a North Carolina deed or planning a transfer to family, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.