Q: In NC, how could I get a friends property deed re-assigned to me, since my friend passed away? Are there forms for this?
none at this time.
A:
I'm sorry for your loss. The process for transferring property after the owner has passed away depends on a few factors. Here is some general information, but you may need to consult with a probate attorney for guidance on your specific situation.
First, it depends on how the property was titled and whether your friend had a will.
If the property was titled in your friend's name alone and they had a will naming you as the beneficiary, the will would need to be probated. The executor would then have the authority to deed the property to you according to the terms of the will. This requires filing the will with the probate court.
If the property was titled in your friend's name alone and they did not have a will, the property would pass according to North Carolina's intestate succession laws. Generally, property passes to the closest surviving relatives like a spouse, children, parents, siblings, etc. An estate proceeding would need to be opened with the court.
If the property was titled with rights of survivorship (e.g. as joint tenants) with you or someone else, then the property automatically passes to the surviving owner(s) outside of probate. An affidavit of survivorship would need to be filed with the register of deeds.
If the property was titled in a living trust, the successor trustee has authority to deed it according to the trust provisions, outside of probate.
There are certain forms involved in these processes, but they vary by situation. Ultimately, working with a probate attorney is advisable to determine what's required in your case and to prepare the proper documentation. I'm sorry there isn't an easy fill-in-the-blank form, but real property has special transfer requirements under the law.
My condolences on the loss of your friend. I hope you're able to navigate this process and carry out their wishes for their property. Let me know if you have any other questions!
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