Free Survivorship Deed

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Free Survivorship Deed

  1. Answer a few simple questions
  2. Email, download or print instantly
  3. Just takes 5 minutes

Survivorship Deed

Create your Survivorship Deed


Create your Survivorship Deed

North Carolina

North CarolinaBuilt for North Carolina
Different states have different rules and regulations. Your Survivorship Deed will be customized for North Carolina.


Frequently Asked Questions
What is a Survivorship Deed?A Survivorship Deed creates a joint tenancy between two or more people.

In a joint tenancy, when one of the property owners dies, their interest in the property will not go through probate and instead will automatically pass to the surviving owner(s). The last surviving owner will receive complete ownership of the property.

This type of deed is often used by couples who want to ensure their property will go directly to the surviving partner upon the death of one partner.


Your 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 ________________, ________, by and between

GRANTOR

___________________, not married, of ___________________

 

GRANTEE

___________________, not married, of ___________________

___________________, 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 joint tenants with full right of survivorship, and his 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 __________ The property hereinabove described was acquired by the Grantor by instrument recorded. 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:

_________________
Signature
_________________
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 ____________________________

Survivorship Deed

Alternate Names:

A Survivorsip Deed is also known as a:

  • Right of Survivorship Deed
  • Joint Survivorship Deed
  • Survivorship Tenancy Deed

What is a Survivorship Deed?

A Survivorship Deed is a document that allows commercial or residential property to transfer from the property owner(s) (the grantor or grantors) to two or more property owners (grantees). What this transfer does is create a joint tenancy among the grantees.

How does a Survivorship Deed work?

A Survivorship Deed works as follows:

  • The grantor(s) transfers property to grantees who own it as joint tenants.
  • Each grantee now owns an equal share in the property, but since these shares are not distinct, they cannot be transferred to anyone else (such as by sale or in a will).
  • When one grantee passes away, their share is equally divided among the remaining grantees.
  • The last living grantee will own 100% of the property.

How do I create a Survivorship Deed?

List the information for the grantor and grantee(s)

After choosing which state you are creating your document in, the next step is to list the details of the grantor and grantee(s). LawDepot's questionnaire will prompt you to fill in basic information for both roles, including name and marital status for an individual, or the name, agent, and address for a corporation.

Include details about consideration

Consideration is listed in a dollar amount, and is what the grantee provides the grantor in exchange for ownership interest, or for being listed as the grantee in the Survivorship Deed.

The consideration is generally small ($1.00) if the intention is to give the full rights of property to the grantees as a gift.

Include a description of the property

The property description should include the county where the property is located, as well as the legal description of the property. Information about the legal description of the property can be found by consulting your local county clerk or registry office.

Once the document has been filled out, details about signing will need to be identified. Generally, the Survivorship Deed will need to be notarized in order for it to be executed. In some states, the deed may also need to be witnessed. You can check the requirements for your state by contacting your local county clerk or registry office.

What does right of survivorship mean?

The Survivorship Deed includes right of survivorship, which means that the surviving tenant has the right to the deceased tenant's interest in the property that they both initially had equal interest in.

With joint tenants with right of survivorship (can also be abreviated as JTWROS), the Survivorship Deed ensures that the surviving tenant receives the deceased tenant's interest in the property instead of it passing on to beneficiaries or heirs.

Related Documents:

  • Quitclaim Deed: a form that allows property to transfer from one owner to another
  • Deed of Trust: a document that allows a neutral trustee to be appointed until a borrower pays off the loan for a property
  • Warranty Deed: a document that is used to transfer a property with a warranty on the title to another individual

Frequently Asked Questions:

Survivorship Deed FAQ
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