Free Survivorship Deed

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Free Survivorship Deed

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Survivorship Deed

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SURVIVORSHIP DEED

Mail after recording to ___________________, ____________________________
Tax parcel ID: ___________________
This instrument prepared by ___________________ ____________________________
Brief description for the index:
______________________________.

THIS DEED made this  ______ day of ___________________, 20_____, by and between

GRANTOR

___________________, not married, of ____________________________

  

GRANTEE

___________________, not married, of ____________________________

The collective designations of Grantor and Grantee as used within this document will include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context.

IN WITNESS WHEREOF, the said Grantors, for and in consideration of the sum of $___________ dollars and other consideration to them in hand paid, the receipt of which is hereby acknowledged, have remised and released and by these presents do remise and release, with general warranty covenants, unto the Grantee as the sole tenant, and the Grantee's heirs and assigns all right, title, claim, and interest of the said Grantors in and to a certain tract or parcel of land lying and being in the County of ___________________, and State of North Carolina, in ___________________ Township, and more particularly described as follows:

________________________________________________________
________________________________________________________
________________________________________________________

The property hereinabove described was acquired by the Grantor by instrument recorded in _______________.  A map showing the above-described property is recorded in Map Book _______________ at Page ______



TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple.

                               And the Grantor covenants with the Grantee, that the Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that the Grantor will warrant and defend the title against the lawful claims of all persons whomsoever

IN TESTIMONY WHEREOF, the Grantors have hereunto set their hands and seals the day and year first above written.

Signed in the presence of:


___________________
Witness signature

___________________
Witness name


___________________
___________________

Grantor Acknowledgement


STATE OF NORTH CAROLINA

COUNTY OF ____________________


I ____________________________, a Notary Public of the aforesaid County and State, certify that ___________________, the Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this ________ day of ________________, ________.


My commission expires: ____________________

Notary Public ____________________________
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Last Updated April 23, 2026

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What is a Survivorship Deed?

A Survivorship Deed transfers real estate ownership to co-owners with a right of survivorship, meaning a deceased owner’s share automatically transfers to the surviving owner(s) without going through probate.

Often, married couples, domestic partners, and family members use Survivorship Deeds to ensure real estate interest automatically transfers to the right person after a co-owner dies. In this sense, it can be a powerful estate planning tool.

A Survivorship Deed is also known as a:

  • Right of survivorship deed
  • Joint tenancy deed
  • Deed with survivorship

Parties to a Survivorship Deed

The parties involved in a Survivorship Deed are as follows:

  • A grantor is a person whose name is currently on the property's title. There can be multiple grantors if more than one person is on the title.
  • A grantee is a person receiving property ownership. A Survivorship Deed will always include multiple grantees.

Important: A person can be both a grantor and a grantee.

For example, if Jordan marries Alex and wants to add him to the property title with a Survivorship Deed, Jordan is the grantor, and Jordan and Alex are the grantees.

How does a Survivorship Deed work?

A Survivorship Deed works as follows:

  1. The grantor creates, signs, and notarizes the Survivorship Deed.
  2. The grantor delivers the deed to the grantee(s).
  3. The grantees file the deed with the county recorder’s office.
  4. Each grantee now owns an equal share of the property. The shares are not distinct, so they cannot be transferred to anyone else (such as by sale or in a Will).
  5. When one grantee passes away, their share is equally divided among the remaining grantees, avoiding the probate process.
  6. The last living grantee will own 100% of the property.

If a grantor is married, LawDepot's Survivorship Deed template requires their spouse to sign the deed too.

A Survivorship Deed must be filed to create a public record of the property owners’ interest so that others cannot claim ownership interest. The grantees should file it with the county recorder's office in the jurisdiction where the property is located.

When to use a Survivorship Deed

A Survivorship Deed may be useful in the following situations:

Adding one or more people to a property title

Using a Survivorship Deed to add someone to a property title is an effective way to establish co-ownership and secure the right of survivorship.

For example, suppose Susan and Henry get married. Susan owns a house that she bought before meeting Henry. She wants to own the house with Henry. To make him an equal co-owner and ensure they’ll automatically inherit each other’s share if one of them passes away, Susan can use a Survivorship Deed.

A Survivorship Deed can add anyone to a title, whether it’s a spouse, domestic partner, adult child, relative, or friend.

Gifting real estate to multiple people

A grantor can use a Survivorship Deed to give up their entire ownership interest and gift real estate to multiple people.

For example, suppose an elderly parent owns a vacation cabin and wants to pass it along to their children. The parent wants to ensure the cabin stays in the family. To make their children co-owners with the right of survivorship, the parent can use a Survivorship Deed.

Buying or selling real estate

A Survivorship Deed could be used when buying or selling real estate. However, using this type of deed makes the most sense when the buyer and seller are family.

For example, suppose you and your spouse want to buy your father’s farm. Having your father use a Survivorship Deed to transfer ownership, instead of a Quitclaim Deed, will ensure you and your spouse both have the right of survivorship.

Survivorship Deed FAQs

How do you get a Survivorship Deed?

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The easiest way to get a Survivorship Deed is by using a template. LawDepot’s template ensures your deed is customized for your state.

By using our Survivorship Deed template, you’ll need to provide the following information:

1. Provide property details

Specify where the real estate property is located and whether it’s residential, commercial, or undeveloped land. Then, provide the property’s legal land description.

Depending on which state the property is located in, you may have to provide the property’s parcel ID number, prior deed details, and other information.

2. Provide party details

As the grantor, provide your full name, address, and marital status. If you’re married, you must also provide your spouse’s name and have them sign the Survivorship Deed. 

Also, provide all grantees' full names, addresses, and marital statuses.

3. Establish consideration

To be a binding transaction, each party must exchange something of value (i.e., consideration). To complete your deed, state the consideration of the transaction.

If the property is being sold, provide the sale price. If the property is being transferred as a gift or for a nominal amount, then use $10.00 as the sale price.

4. Provide tax details

You may have to state the address where the property’s tax notices should be sent. Also, you may have to state how outstanding taxes will be paid (e.g., by one or both parties).

5. Choose an ownership type

When using our template, we’ll ask you which ownership type you want to establish. Depending on the state where the property is located, you’ll be able to choose one of the following options:

  • Joint tenancy with right of survivorship (JTROS)
  • Community property with right of survivorship
  • Tenancy by the entirety

What types of ownership can a Survivorship Deed establish?

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Let’s break down the various ownership types. With all three types, a deceased co-owner’s share automatically passes to the surviving owners without going through probate.

Note: Each state has different practices that dictate the types of ownership you can establish with your Survivorship Deed.

Type #1: Joint tenancy with right of survivorship (JTROS)

Joint tenancy with right of survivorship (JTROS) means multiple people share equal ownership of the property. The joint tenants can be married and non-married couples, relatives, friends, or business associates.

This type of ownership does not protect each owner from the other's liabilities. For example, if one owner goes bankrupt, creditors could force the sale of the property to get their share.

Type #2: Community property with right of survivorship

Community property with right of survivorship is only available to spouses. This type of ownership means each spouse owns 50% of the property and any debts they may have incurred. At death, the surviving spouse will automatically receive the other's share.

Community property ownership provides fewer protections to each owner than a tenancy by the entirety.

Type #3: Tenancy by the entirety

Tenancy by the entirety is only available to spouses. This type of ownership means all money earned and any debts incurred are shared equally. At death, the surviving spouse will automatically receive the other's share.

Under a tenancy by the entirety, one spouse cannot dispose of property without the other spouse's permission.

Can a Survivorship Deed be changed?

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A Survivorship Deed can be changed or revoked, but it typically requires the consent of all co-owners involved. Changing or revoking a Survivorship Deed usually involves creating a new deed with different terms or ownership arrangements.

If all co-owners decide to sell the property, this would involve the termination of the Survivorship Deed, as the co-ownership structure would change when the property is sold.

Can a Survivorship Deed be contested?

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Yes, a Survivorship Deed could be contested under specific circumstances. But don’t let that scare you from using one. By executing a Survivorship Deed properly, you significantly lower the chances of it being contested. 

Here are some common grounds on which a Survivorship Deed could be contested:

  • Lack of capacity, meaning the grantor wasn’t of sound mind or lacked the mental capacity upon signing
  • Undue influence, meaning someone exerted significant pressure or coercion on the grantor to sign the deed against their true intentions
  • Forgery or fraud, meaning the deed was forged, altered, or created through fraudulent means
  • Duress, meaning the grantor signed the Survivorship Deed under duress or threats of physical harm
  • Improper execution, meaning the deed doesn’t meet legal requirements or wasn’t properly signed, witnessed, or notarized

If you believe you have a valid reason to contest a Survivorship Deed, it's advisable to talk to a lawyer.

Does a Survivorship Deed need to be notarized?

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Yes, Survivorship Deeds need to be notarized. Consider using LawDepot’s Online Notary. It allows you to connect with a notary public over the internet using your device’s camera and microphone instead of physically meeting them.

Besides notarization, having grantees sign a statement confirming that they have received the deed can be a good idea.

Related documents

  • Quitclaim Deed
    Transfer real estate interest without guaranteeing that the title is free from defects and encumbrances.
  • Warranty Deed
    Transfer real estate interest to someone else and guarantee that the title is free from defects and encumbrances.
  • Last Will and Testament
    Outline how you want your property and assets distributed after your passing.
  • Gift Deed
    Give property, assets, or money to another party without receiving monetary consideration in return.
  • End-of-Life Plan
    Outline your wishes for things like memorial services and how you want your remains to be handled when you pass away.
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