When one owner of North Carolina real estate held as tenants by the entirety (married couples) or joint tenants with right of survivorship dies, the survivor records this sworn affidavit, with a death certificate, to show that title passed to the survivor. When one owner of North Carolina real estate held as tenants by the entirety (married couples) or joint tenants with right of survivorship dies, the survivor records this sworn affidavit, with a death certificate, to show that title passed to the survivor.
Serving North Carolina. Our mobile notaries serving North Carolina are commissioned in North Carolina and travel to your home, office, hospital, or other convenient location.
When one owner of North Carolina real estate held as tenants by the entirety (married couples) or joint tenants with right of survivorship dies, the survivor records this sworn affidavit, with a death certificate, to show that title passed to the survivor.
What you'll need
Read the packet and check the receiving agency's required form.
Gather the names, dates and supporting records requested in the document.
Review the packet's signing, identification and witness instructions.
How to complete it
Prepared by and mail to (top of Page 1) Enter who prepared the document and where the Register of Deeds should mail it. Leave the space above the dotted line blank.
Fill in the death and deed (Pages 1–2) Attach a certified death certificate.
Swear before a notary (Page 3) Bring a current, government-issued photo ID.
Record the original with the Register of Deeds of the county where the property is located.
Update the tax listing, insurance, and any mortgage records.
North Carolina law lets an obvious typographical or other minor error in a recorded deed or other instrument be corrected by a recorded affidavit, without a new deed (G.S. 47-36.1).
At nearly every real estate sale, the seller certifies under federal law (FIRPTA) that they are not a foreign person, so the buyer does not have to withhold tax.
In North Carolina, leases for more than three years must be recorded to protect the tenant against later buyers and lenders (G.S. 47-18). A short memorandum can be recorded instead of the full lease (G.S. 47-118).
A North Carolina non-warranty (quitclaim) deed transfers whatever interest the grantor has, with no warranty of title. It is often used between family members or to clear title.
A North Carolina special warranty deed warrants title only against claims arising by, under, or through the grantor. It is common for estates, trustees, and companies.
These forms are a free convenience, not legal advice. First Choice Mobile Notary & Apostille is not a law firm. Consult an attorney licensed in the relevant state for legal questions.