Do I Need a Transfer on Death Deed in North Carolina?

Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.

State where property is located

Find out if a TOD deed is right for you

Select your state to see if a transfer on death deed can keep your property out of probate.

This tool provides general information about transfer on death deeds and is not legal advice. TOD deed availability and requirements vary by state. Consult a licensed attorney for guidance specific to your situation.

Frequently Asked Questions

No. North Carolina does not currently allow transfer on death deeds. 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.

Because North Carolina does not allow TOD deeds, alternatives for avoiding probate on real property include: 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). Compare your options with the trust vs. will comparison.

Without a TOD deed option, real property in North Carolina typically passes through probate unless held in a trust or with joint tenancy. Use the North Carolina probate calculator to estimate what that would cost.

TOD Deeds in North Carolina

North Carolina does not currently allow transfer on death deeds (No). 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. Without this option, real property passes through probate unless held in a trust or with joint tenancy.

Because TOD deeds are unavailable, the primary alternative for avoiding probate on real estate in North Carolina is a revocable trust. Probate for simple estates takes at least 6 months, and estates under $20,000 may qualify for simplified procedures. The probate calculator shows the full cost picture.

The trust vs. will comparison outlines the differences for North Carolina families weighing their options for avoiding probate on real property and other assets.

SimplyTrust Editorial·Updated July 14, 2026

Legal Sources

Data sourced from North Carolina statutes and official state code. How we research.

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