North Carolina property deeds
Deed rules are state law, and North Carolina's differ from its neighbors in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs. Deedly is not preparing North Carolina deeds at this time.
- Recording office
- Register of Deeds
- Witnesses
- Notary only
- Transfer tax
- $1 for each $500
- First-page margin
- 3″ top
- Recording fee
- $26 up to 15 pages
- E-recording
- Approved submitters
Deeds North Carolina recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Transfer-on-death deed | Names who inherits your property, skips probate, and changes nothing while you're alive. | No |
| Lady Bird Deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | No |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
North Carolina does not recognize transfer-on-death deeds and lady bird deeds, so recording one here may not do what you want.
How a deed has to be signed in North Carolina
North Carolina requires the grantor's signature to be acknowledged before a notary public. No witnesses are required.
| Requirement | Rule |
|---|---|
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. |
| Witnesses | None |
| Preparer statement | Required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | In North Carolina a married grantor's spouse should sign and acknowledge the deed for any real estate the grantor owns, not just the home. Without the spouse's joinder, the property stays subject to the spouse's elective life estate (N.C. Gen. Stat. §§ 39-7(a), 29-30), and a deed of a homestead is not valid without the spouse's signature and acknowledgment (N.C. Const. art. X, § 2(4)). A deed from one spouse to the other does not need the other spouse's joinder (§ 39-13.3(d)). |
North Carolina document formatting rules
A safe layout for North Carolina is 8.5 × 11 inch paper with a 3-inch clear space at the top of the first page for the register of deeds' stamp, 0.5-inch margins elsewhere, and no type smaller than 10 point. Writing into the recorder's stamp area is the most common formatting rejection there is.
- North Carolina requires a blank 3-inch margin at the top of the first page, half-inch margins elsewhere, black type on white 8.5 × 11 or 8.5 × 14 paper printed one-sided, and the instrument type at the top of the first page; 9-point or larger type is deemed legible (N.C. Gen. Stat. § 161-14(b)). A document that misses these rules is still recorded, for an extra $25 fee (§ 161-10(a)(18a)).
North Carolina transfer tax and recording fees
North Carolina charges Excise tax on conveyances at $1 for each $500 (or part of $500) of the consideration or value ($2 per $1,000), paid by the grantor. The tax is paid to the Register of Deeds before the deed is recorded (N.C. Gen. Stat. § 105-228.30(a)). There is no exemption form or transfer declaration: the person presenting the deed reports the tax due, and the Register of Deeds marks the amount paid on the deed (§ 105-228.32). A transfer between spouses or family members is taxable if the grantee pays or assumes anything, including taking over a mortgage. Seven northeastern counties (Camden, Chowan, Currituck, Dare, Pasquotank, Perquimans and Washington) also levy a local land transfer tax, generally 1% of the price or value ($1 per $100), five times the state excise tax. In those counties the county tax office certifies the amount on the deed before you record. No North Carolina city levies a transfer tax.
Common exemptions: transfers by gift (§ 105-228.29(5)), deeds into your own revocable trust and other transfers for which no consideration in money or property is due or paid (§ 105-228.29(6)), and transfers by will or intestacy (§ 105-228.29(3)-(4)).
Recording fees run $26 for up to 15 pages and $4 for each page after that. Set by state law and the same in every North Carolina county (N.C. Gen. Stat. § 161-10(a)(1)): $26 for a deed of up to 15 pages, $4 for each page after that. A document that doesn't meet the § 161-14(b) format standards costs $25 more (§ 161-10(a)(18a)).
See how North Carolina's transfer tax and recording fee compare with other states.
How to hold title in North Carolina
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
- Tenancy by the entirety. Married couples only, with automatic survivorship and, in most states that allow it, protection from one spouse's creditors.
What the law presumes for married couples
A conveyance to a married couple in North Carolina creates a tenancy by the entirety by default.
Where to record a deed in North Carolina
Deeds are recorded with the Register of Deeds in the county where the property is located. North Carolina has 100 counties. Many offices accept e-recording, but usually only from approved submitters such as title companies, attorneys, and lenders.
Wake · Mecklenburg · Guilford · Forsyth · Cumberland · Durham · Buncombe · Union · New Hanover · Gaston. all North Carolina recording offices
Why deeds get rejected in North Carolina
- North Carolina requires a 3-inch blank margin at the top of page one. A deed that misses the margin, font or paper rules is still recorded, but costs a $25 nonstandard-document fee (N.C. Gen. Stat. §§ 161-14(b), 161-10(a)(18a)).
- A married grantor's spouse must join in a deed of any North Carolina real estate the grantor owns, even when only one spouse is on the title; otherwise the property stays subject to the spouse's elective life estate.
- A deed given as a gift, with nothing paid for the property, is void unless it is notarized and recorded within two years after it is signed (N.C. Gen. Stat. § 47-26). Record a gift deed right away.
- North Carolina does not recognize transfer-on-death deeds.
- A conveyance to a married couple creates a tenancy by the entirety, which protects the property from creditors of only one spouse (not from joint debts) while both spouses are alive and married (N.C. Gen. Stat. § 41-60).
Deedly is not preparing North Carolina deeds at this time
North Carolina law limits who may charge to prepare a deed for someone else. You can prepare your own deed, or a North Carolina attorney can prepare it for you.
Common questions
You sign a deed, have it notarized, and record it with the Register of Deeds in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a living trust for probate avoidance.
Not if you prepare the deed yourself. North Carolina law limits who may charge to prepare a deed for someone else. You can prepare your own deed, or a North Carolina attorney can prepare it for you. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
$26 for up to 15 pages and $4 for each page after that. North Carolina also charges excise tax on conveyances at $1 for each $500 (or part of $500) of the consideration or value ($2 per $1,000), paid by the grantor.
No. North Carolina is not among the 34 states plus DC that authorize a transfer-on-death deed. The usual alternatives here are a revocable living trust or survivorship titling.
Keep reading
- North Carolina quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- North Carolina general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- North Carolina special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- North Carolina life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- North Carolina recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.