[NC] Does a home in joint ownership void the small estate?

Lexi, Chatbot

I understand that navigating joint ownership and estate matters can be confusing. Can you please share if the home in question is solely owned by you and another person, or are there additional owners involved?

Lexi, Chatbot

Have you already started the process of settling the estate, or are you looking for guidance on how to begin?

Lexi, Chatbot

Is there anything else the Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with joint ownership and estate matters.

Jon

Hello and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.

I know legal matters can feel overwhelming, but you're in good hands. I’ll do my best to make things clear and provide you with the guidance you need. Let’s work together to find the right solution for your situation.

Jon

The small estate leaving it to your kids, or between you two?

Jon

Are you referring to if one of you passes, or when you both do to your children?

Jon

I'm very sorry to hear that.

Jon

What state are you in?

Jon

What state is the house located in?

Jon

Got it! I just need a few minutes to finish typing out a complete response for you. It won’t take long—around 4 or 5 minutes—as I want to make sure I provide you with a thorough and thoughtful reply.

Jon

In North Carolina, when a married couple owns a home together as "tenants by the entirety"—a common arrangement—the surviving spouse automatically becomes the sole owner when the other passes away. This is because the property transfers through what's called the "right of survivorship," which happens by law and doesn't require probate. So, the home's value isn’t counted when determining whether the rest of the estate qualifies as a small estate.

Since you and your husband owned the home jointly, you became the sole owner automatically when he passed. You don’t need to file anything with the court to prove this, but it can be helpful to record an affidavit of spousal death with the Register of Deeds, so the public records are up-to-date.

As for the rest of the estate, North Carolina offers a simplified probate process—a small estate affidavit—for cases involving limited personal property. If you're the only heir and your husband's personal property (like bank accounts in his name alone, vehicles, or household items) is worth no more than $30,000, you may qualify.

Jon

Assets that were jointly owned, had a payable-on-death (POD) beneficiary, or named you directly (like life insurance or retirement accounts) aren’t part of the probate estate and don’t count toward that $30,000 cap. If most of your assets were jointly owned, there’s a good chance you won’t need to file a small estate affidavit at all.

For joint bank accounts, you’ll likely just need to give the bank a copy of your husband’s death certificate to have them put in your name. If there are any accounts or assets that were solely in his name and their total value is under $30,000, the small estate affidavit can help you claim them without going through full probate.

Keep in mind that while the property transfers to you automatically, any debts—like a mortgage—remain. It’s important to address those and make sure everything is properly handled.

Jon

Great, then yes, the house automatically passes to you. Make sure you check with the county Register of Deeds to make sure that is done.

Jon

As we discussed, since you and your husband owned the home as tenants by the entirety, it automatically transferred to you by right of survivorship.

This means it was never part of his probate estate. Including it in a document meant for probate assets is incorrect, so please remove it.

Jon

You're very welcome! I do hope the information I provided was helpful and addressed your question. If there's anything else you need, please don't hesitate to reach out—I’m always happy to assist. Wishing you a fantastic day ahead!