Probate and Recording Deeds in Gaston County (Gastonia), North Carolina
Where to file a will or open probate, and where to record a deed, in Gaston County (Gastonia) — with the state rules that apply.
Probate court
Gaston County Clerk of Superior Court, Estates Division (Gaston County Courthouse)
Address: Gaston County Courthouse, 325 Dr. Martin Luther King Jr. Way, Suite 1004, Gastonia, NC 28052
Phone: (704) 852-3100 (courthouse main)
Recording deeds
Gaston County Register of Deeds
Recording fee: Instruments in general: $26.00 for 1-15 pages, $4.00 each additional page Fee schedule
North Carolina rules that apply
| Small estate affidavit | Collection by affidavit is available when the decedent's personal property (minus liens) is worth $20,000 or less, or $30,000 or less if the person filing is the surviving spouse who is entitled to all of it (reduced by any spousal allowance paid). At least 30 days must have passed since death. An heir, creditor or public administrator (and, if there is a will, the named executor or a devisee) files the affidavit with the clerk of superior court in the county of domicile before collecting assets. If there is a will, it must first be admitted to probate. Real estate is not collected this way; the affidavit only lists it. With a will: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-25-1.1.html |
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| Probate steps | The named executor applies to the clerk of superior court to probate the will (if no executor applies within 60 days of death, a beneficiary or other interested person may, after 10 days' notice to the executor). The clerk admits the will and issues letters. The personal representative publishes a notice to creditors for four consecutive weeks and mails it to known creditors, files an inventory within three months of qualifying, pays valid claims, distributes the estate, and files accountings to close the estate. Inventory deadline: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-20-1.html |
| Signing and recording a deed | Before a deed (including a quitclaim deed) can be recorded it must be acknowledged by the person signing it (usually before a notary) or proved by a witness under oath. It is recorded with the register of deeds in the county where the land lies, and it protects against later buyers and lien creditors only once recorded. The seller (transferor) pays an excise tax of $1 per $500 of consideration or value to the register of deeds before recording. Recording: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47/GS_47-18.html; excise tax: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_105/GS_105-228.30.html |
| Transfer-on-death deed | No. North Carolina has not enacted a transfer on death deed for real estate; the Wills chapter contains no TOD deed article. Bills to adopt the Uniform Real Property Transfer on Death Act have been introduced but not enacted. Example of a proposed (not enacted) bill: https://ftp.ncleg.gov/Sessions/2023/Bills/Senate/PDF/S160v1.pdf |
All North Carolina wills, probate and estate rules · Eviction court and tenant help in Gaston County (Gastonia)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.