[NC] [NC] Can I quitclaim a property without the deceased grantor’s signature?
I live in North Carolina. My wife is deceased, and our property is in her name. I have completed all necessary estate requirements with my attorney, and I am the administrator of the estate. I need a quitclaim document that does not require the grantor’s signature.
16
5
Solved
I can confirm that in North Carolina, all quitclaim deeds must be signed by the grantor in the presence of a notary public. This is required by law (NC Gen Stat § 7-108.14).
So, unfortunately, there is no valid quitclaim deed form in North Carolina that legally transfers property without the grantor’s signature. If I drafted a deed like that, it would not be accepted for recording by the county Register of Deeds and would be considered invalid.
In North Carolina, as the administrator of an estate, you do have broad authority to manage estate assets, including real estate. However, when it comes to preparing and recording real estate documents (like deeds), there are specific legal requirements:
- Administrator Authority: You can sell or transfer real estate if authorized by the court or the will. You must act in the best interest of the estate and heirs.
- Document Preparation: North Carolina law requires deeds to be prepared or reviewed by a licensed attorney. Even if you’re the administrator, you cannot draft a deed yourself unless you are a licensed attorney.
- Recording the Deed: Once prepared, the deed must be notarized and recorded with the county Register of Deeds.
So yes, you can authorize the transfer, but a licensed attorney must prepare or review the deed.
0
North Carolina Quit Claim Deed
Create Document
Full Conversation
I live in North Carolina. My wife is deceased, and our property is in her name. I have completed all necessary estate requirements with my attorney, and I am the administrator of the estate. I need a quitclaim document that does not require the grantor’s signature.
Lexi, Chatbot
I’m sorry to hear about the loss of your wife. Have you already discussed this situation with your attorney?
Yes.
Lexi, Chatbot
Are you looking to transfer the property solely into your name through this quitclaim document?
Yes.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
No.
Gurney P
Welcome, and thank you for your questions. My name is Gurney, and I’ll be assisting you. I’m happy to draw on my years of experience to offer guidance. Would you like me to find a copy of a North Carolina quitclaim document that does not require the grantor’s signature?
Yes. My attorney informed me that as the administrator I can make all changes for the estate. North Carolina says I need a real estate attorney to prepare the documents. Is that correct?
Gurney P
I can confirm that in North Carolina, all quitclaim deeds must be signed by the grantor in the presence of a notary public. This is required by law (NC Gen Stat § 7-108.14).
So, unfortunately, there is no valid quitclaim deed form in North Carolina that legally transfers property without the grantor’s signature. If I drafted a deed like that, it would not be accepted for recording by the county Register of Deeds and would be considered invalid.
In North Carolina, as the administrator of an estate, you do have broad authority to manage estate assets, including real estate. However, when it comes to preparing and recording real estate documents (like deeds), there are specific legal requirements:
- Administrator Authority: You can sell or transfer real estate if authorized by the court or the will. You must act in the best interest of the estate and heirs.
- Document Preparation: North Carolina law requires deeds to be prepared or reviewed by a licensed attorney. Even if you’re the administrator, you cannot draft a deed yourself unless you are a licensed attorney.
- Recording the Deed: Once prepared, the deed must be notarized and recorded with the county Register of Deeds.
So yes, you can authorize the transfer, but a licensed attorney must prepare or review the deed.
Why won’t the document you prepare be accepted by the state?
Gurney P
Because in North Carolina, all quitclaim deeds must be signed by the grantor. If I write up a quitclaim deed without that signature, it would be invalid.
So my only option to get the property transferred into my name is to have a local attorney prepare the quitclaim deed?
Gurney P
Exactly, yes. The law is restrictive on this point.
Okay, thanks for your help.
Gurney P
Absolutely.
Gurney P
13,616 satisfied customers
5 lawyers online now
11
2
Answered 3 days ago
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
