Does North Carolina Allow Transfer on Death Deeds?
North Carolina does not authorize transfer on death deeds. 3 alternatives are available to transfer real property at death without probate.
Why TOD deeds aren't available in North Carolina
North Carolina has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute. NCGS Chapter 31 (Wills) contains no TOD deed article; NCGS Chapter 41 covers TOD only for securities (Article 4 - Uniform TOD Security Registration Act), not real property; NCGS Chapter 47 (Recording) contains no TOD deed article.
NC considered TOD deed legislation in three consecutive sessions: SB 312 (2019, gutted/replaced with unrelated bill), SB 368 (2021, died in Judiciary), SB 160 (2023, died in Judiciary; the SB 160 bill text would have created NCGS 31-65 et seq. but never became law). No TOD deed bill was introduced in the 2025-2026 session (verified against the full ncleg.gov 2025-2026 bill index, July 2026); SL 2025-33 (HB 388) amended Chapter 31 (Wills) for electronic-will probate and year's-allowance procedures only and did not authorize a real-property TOD deed. Primary-source verification (ncleg.gov, 2026-07-13): NCGS Chapter 31 (Wills) Articles 1-11 contain no TOD deed article (highest section is 31-73, "Certification of paper copy of attested written will stored as an electronic record"; G.S. 31-65 returns HTTP 404 - does not exist); NCGS Chapter 41 Article 4 (Uniform Transfer on Death (TOD) Security Registration Act, G.S. 41-40 to 41-50) applies only to securities, not real property; NCGS Chapter 47 (Recording) contains no TOD deed article. The URPTODA has not been enacted in any chapter. NC does allow TOD designations on vehicle titles (DMV) and POD/TOD on financial accounts/securities (NCGS Chapter 41 Article 4), but not on real property deeds. Real-property non-probate transfer mechanisms in NC are limited to a revocable living trust (NCGS Chapter 36C, Uniform Trust Code), joint tenancy with right of survivorship (NCGS 41 Art. 6, "Joint Tenancy") and tenancy by the entirety for married couples (NCGS 41 Art. 5, "Tenancy by the Entirety"). NC survivorship must be express: G.S. 41-71(a) provides that "A conveyance resulting in two or more persons owning property creates a tenancy in common unless a joint tenancy with right of survivorship is created as provided in subsection (b)" - i.e., unless the instrument expresses that intent (the old G.S. 41-2 was repealed by S.L. 2020-50, s. 2(d), effective 6/30/2020, and recodified as Article 6).
Alternatives for North Carolina
These mechanisms transfer real property at death without probate in North Carolina:
- •
- •Joint tenancy with right of survivorship (NCGS Chapter 41 Article 6)
- •Tenancy by the entirety for married couples (NCGS Chapter 41 Article 5)
Consult a licensed attorney for help choosing the right mechanism for your situation.
Legislation pending
North Carolina legislators have introduced bills to authorize transfer on death deeds. The law has not been enacted as of the verification date (2026-07-15).
Frequently asked questions
North Carolina has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute. NCGS Chapter 31 (Wills) contains no TOD deed article; NCGS Chapter 41 covers TOD only for securities (Article 4 - Uniform TOD Security Registration Act), not real property; NCGS Chapter 47 (Recording) contains no TOD deed article.
North Carolina recognizes 3 alternatives for transferring real property outside of probate: Revocable living trust; Joint tenancy with right of survivorship (NCGS Chapter 41 Article 6); Tenancy by the entirety for married couples (NCGS Chapter 41 Article 5).
No. Real property transfers are governed by the state where the property is located. A TOD deed signed under another state's law has no effect on real property in North Carolina.
Yes. Legislation authorizing transfer on death deeds has been proposed in North Carolina, but is not currently enacted. NC considered TOD deed legislation in three consecutive sessions: SB 312 (2019, gutted/replaced with unrelated bill), SB 368 (2021, died in Judiciary), SB 160 (2023, died in Judiciary; the SB 160 bill text would have created NCGS 31-65 et seq. but never became law). No TOD deed bill was introduced in the 2025-2026 session (verified against the full ncleg.gov 2025-2026 bill index, July 2026); SL 2025-33 (HB 388) amended Chapter 31 (Wills) for electronic-will probate and year's-allowance procedures only and did not authorize a real-property TOD deed. Primary-source verification (ncleg.gov, 2026-07-13): NCGS Chapter 31 (Wills) Articles 1-11 contain no TOD deed article (highest section is 31-73, "Certification of paper copy of attested written will stored as an electronic record"; G.S. 31-65 returns HTTP 404 - does not exist); NCGS Chapter 41 Article 4 (Uniform Transfer on Death (TOD) Security Registration Act, G.S. 41-40 to 41-50) applies only to securities, not real property; NCGS Chapter 47 (Recording) contains no TOD deed article. The URPTODA has not been enacted in any chapter. NC does allow TOD designations on vehicle titles (DMV) and POD/TOD on financial accounts/securities (NCGS Chapter 41 Article 4), but not on real property deeds. Real-property non-probate transfer mechanisms in NC are limited to a revocable living trust (NCGS Chapter 36C, Uniform Trust Code), joint tenancy with right of survivorship (NCGS 41 Art. 6, "Joint Tenancy") and tenancy by the entirety for married couples (NCGS 41 Art. 5, "Tenancy by the Entirety"). NC survivorship must be express: G.S. 41-71(a) provides that "A conveyance resulting in two or more persons owning property creates a tenancy in common unless a joint tenancy with right of survivorship is created as provided in subsection (b)" - i.e., unless the instrument expresses that intent (the old G.S. 41-2 was repealed by S.L. 2020-50, s. 2(d), effective 6/30/2020, and recodified as Article 6).