What kind of deed can go undone? It sounds like the start of a riddle. As a probate attorney, I often spend time explaining this “riddle” to clients who have inherited their loved one’s real estate. The typical question is “When will I get my deed for the property?” This is a perfectly normal question given the fact that, ordinarily, when real estate changes hands, a deed—signed, notarized, and recorded—is required. It’s the official legal document that effectively transfers ownership of the property from one person to another. However, when property changes ownership at death, North Carolina law provides a different approach.
The Role of a Will
Ideally, a person would have a Will that specifies who inherits the real estate. However, many people die having never made a will, so the law of North Carolina determines who the “heirs at law” of the deceased person are. Either way, the title to the deceased person’s real estate will vest automatically, by operation of law, without the need for a formal deed.
If the owner dies without a Will, title vests in their heirs immediately at the moment of death. If the owner has a Will, once the Will has been probated by the court, ownership of the real estate will then be inherited by the beneficiary of the real estate under the Will.
This “shortcut” can be both a blessing and a source of confusion. Heirs often expect to receive a deed to prove they own the inherited property. But in North Carolina, proof of ownership will be documented either by copy of the Will, or in cases where there is no Will, through an affidavit of heirship or an estate file documenting how the title passed.
In either case, the deed, the usual hallmark of a real estate transfer, can go undone.
Author: Amy Shue Isaacs, Estate Administration/Probate Attorney
The McIntosh Law Firm
(704) 892-1612