Does North Carolina Allow Transfer on Death Deeds?

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.

North Carolina considered TOD deed legislation in three consecutive sessions, and all three bills failed. SB 312 (2019) was filed as "Transfer on Death Deeds" — its first edition was "AN ACT TO ENACT THE UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT," adding a new Article 11 to Chapter 31 beginning at G.S. 31-65 — but the bill was rewritten before passage and enacted as an unrelated law, SL 2019-238 (Ocracoke School/Hurricane Dorian relief), with no TOD language; the G.S. 31-65 it proposed does not exist as enacted law. SB 368 (2021) and SB 160 (2023), both short-titled "Transfer on Death Deeds," died in committee. No TOD deed bill exists in the 2025-2026 session, and SL 2025-33 (HB 388) amended Chapter 31 (Wills) for electronic-will probate, elective share, trust administration and year's-allowance provisions only. The URPTODA has not been enacted in any chapter of the General Statutes: NCGS Chapter 31 contains no TOD deed article (its Article 11 is "Electronic Storage of Attested Written Wills by an Attorney"), and Chapter 47 (Recording) contains no TOD deed provision. North Carolina's only transfer-on-death statute is the Uniform Transfer on Death (TOD) Security Registration Act, NCGS Chapter 41 Article 4 (G.S. 41-40 to 41-51), which applies to securities only: G.S. 41-51 provides that "This Article applies to registrations of securities in beneficiary form made before, on, or after October 1, 2005, by decedents dying on or after October 1, 2005." Payable-on-death deposit accounts are separately authorized under NCGS Chapters 53C (banks), 54 (credit unions), 54B (savings and loan associations) and 54C (savings banks). North Carolina likewise does not allow a TOD designation on a motor vehicle title: G.S. 20-72 ("Transfer by owner") contains no transfer-on-death or beneficiary provision, and the only survivorship route on a NC vehicle title is the co-owner joint tenancy with right of survivorship option under G.S. 20-52(a). Real-property non-probate transfer mechanisms in NC are a revocable living trust (NCGS Chapter 36C, Uniform Trust Code), joint tenancy with right of survivorship (NCGS Ch. 41 Art. 6), tenancy by the entirety for married couples (NCGS Ch. 41 Art. 5), and a deed reserving a life estate with a remainder to the intended taker under G.S. 39-6.3(a) ("All future interests in real or personal property, including all reversions, executory interests, vested and contingent remainders ... may be conveyed by the owner thereof"). A life-estate remainder deed is not a substitute for a TOD deed: the remainder belongs to the grantee once the deed is delivered, and the grantor cannot revoke it the way a TOD deed is revoked. 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) of this section or a tenancy by the entirety is created as provided by the law governing tenancy by the entireties." (Former G.S. 41-2 was repealed by S.L. 2020-50, s. 2(d), effective 6/30/2020, and recodified as Article 6; G.S. 41-71 was most recently amended by S.L. 2025-25, s. 31.1(a), which made technical wording changes only.)

Alternatives for North Carolina

These mechanisms transfer real property at death without probate in North Carolina:

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  Revocable living trust
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  Joint tenancy with right of survivorship (NCGS Chapter 41 Article 6)
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  Tenancy by the entirety for married couples (NCGS Chapter 41 Article 5)
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  Deed reserving a life estate with remainder to the intended taker (NCGS 39-6.3) - irrevocable once delivered unlike a TOD deed

Consult a licensed attorney for help choosing the right mechanism for your situation.