Quitclaim Deeds and Transferring Property in North Carolina
How to sign and record a quitclaim or other deed in North Carolina, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: 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. N.C. Gen. Stat. §§ 47-17, 47-18, 105-228.30
| 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 |
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| 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 |
Free North Carolina quitclaim deed template — fill in and print
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- All North Carolina wills, probate and estate rules
FAQ
What does a quitclaim deed need to be valid in North Carolina?
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.
Does North Carolina allow transfer-on-death deeds?
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.
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.