Johnston County Affidavit of Heirship (Certificate of Estate) Form

Last validated July 21, 2026 by our Forms Development Team

Johnston County Affidavit of Heirship (Certificate of Estate) Form

Johnston County Affidavit of Heirship (Certificate of Estate) Form

Fill in the blank Affidavit of Heirship (Certificate of Estate) form formatted to comply with all North Carolina recording and content requirements.

Document Last Validated 7/21/2026
Johnston County Affidavit of Heirship (Certificate of Estate) Guide

Johnston County Affidavit of Heirship (Certificate of Estate) Guide

Line by line guide explaining every blank on the Affidavit of Heirship (Certificate of Estate) form.

Document Last Validated 7/21/2026
Johnston County Completed Example of the Affidavit of Heirship (Certificate of Estate) Document

Johnston County Completed Example of the Affidavit of Heirship (Certificate of Estate) Document

Example of a properly completed North Carolina Affidavit of Heirship (Certificate of Estate) document for reference.

Document Last Validated 7/21/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Additional North Carolina and Johnston County documents included at no extra charge:

Important: Your property must be located in Johnston County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Johnston County Register of Deeds

Address:
Courthouse Annex - 207 E Johnston St, Suite 209 / PO Box 118
Smithfield, North Carolina 27577

Hours: 8:00 to 5:00 M-F

Phone: (919) 989-5160

Recording Tips for Johnston County:
  • Verify all names are spelled correctly before recording
  • Both spouses typically need to sign if property is jointly owned
  • Request a receipt showing your recording numbers
  • Recording fees may differ from what's posted online - verify current rates

Cities and Jurisdictions in Johnston County

Properties in any of these areas use Johnston County forms:

  • Benson
  • Clayton
  • Four Oaks
  • Kenly
  • Micro
  • Pine Level
  • Princeton
  • Selma
  • Smithfield
  • Wilsons Mills

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Johnston County

How do I get my forms?

Forms are available for immediate download after payment. The Johnston County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Johnston County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Johnston County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Johnston County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Johnston County?

Recording fees in Johnston County vary. Contact the recorder's office at (919) 989-5160 for current fees.

Questions answered? Let's get started!

When a North Carolina owner dies and real estate passes to the family, the deed in the courthouse still shows the deceased owner's name. An affidavit of heirship, sometimes called a certificate of estate, puts the facts of who inherited into the public record so a later title examiner can follow ownership from the decedent to the heirs. This form prepares that sworn statement for North Carolina real property.

Evidence of Descent, Not a Conveyance

The affidavit does not move title. Under the North Carolina Intestate Succession Act, Chapter 29 of the General Statutes, title to a decedent's real property that does not pass by right of survivorship or by a probated will descends to the heirs at the moment of death, subject to administration of the estate and to lawful claims against it. The affidavit records the facts of that descent; it does not transfer the land and does not replace administration where administration is needed. One or two affiants who knew the decedent's family swear to the decedent's death, marital history, children, and the heirs who take, with the undivided fractional interest of each.

The Statutes Behind the Form

North Carolina supplies no statutory heirship-affidavit form. N.C. Gen. Stat. Section 47-1 lists affidavits concerning land titles or family history among the instruments that may be sworn before a North Carolina notary or other authorized official and recorded. Two citations that circulate in older guidance no longer fit: Section 47-37, which once made a recorded affidavit prima facie evidence, was repealed effective October 1, 2005, and Section 47-11 is a subpoena statute rather than an heirship provision. This form rests on the statutes in force, with the heirs and their shares drawn from Chapter 29 and the recording mechanics from Chapter 47.

How the Shares Are Figured

Section 29-14 sets the surviving spouse's undivided interest in the real property: one-half where the decedent left one child or that child's descendants, one-third where the decedent left two or more children or their descendants, one-half where there are no descendants but a parent survives, and all of the real property where neither survives. The remaining undivided interest passes to the children, descendants, or more distant kin under Sections 29-15 and 29-16. The form's heirs section asks for each heir's name, address, relationship, and fraction, and the completed example works through a spouse and two children, who take one-third each.

Swearing and Recording

Because the statement is made under oath, each affiant signs before a notary, who completes a jurat rather than the acknowledgment used on a deed. North Carolina does not require subscribing witnesses for an affidavit of this kind, but title practice often looks for two affiants who knew the decedent and have no interest in the estate, so the form provides for one or two. The completed affidavit is recorded with the register of deeds in each county where the land lies, commonly with a certified copy of the death certificate, and because it is not a conveyance for consideration the documentary excise tax does not apply.

What Comes in the Package

The package includes the blank affidavit as a fillable PDF, a completed example built on a realistic Wake County fact pattern, and a plain-language guide that walks through every section, explains where each entry comes from, and sets out the statutory framework, the recording standards, and the limits of what a recorded affidavit accomplishes. The materials are informational and are not legal advice.

Important: Your property must be located in Johnston County to use these forms. Documents should be recorded at the office below.

This Affidavit of Heirship (Certificate of Estate) meets all recording requirements specific to Johnston County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Johnston County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Johnston County Affidavit of Heirship (Certificate of Estate) form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

4.8 out of 5 - ( 4768 Reviews )

Patsy B.

February 19th, 2020

This website is very user friendly. I easily found the form I needed and was given an example for filling it out. Highly recommend this website!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

David C.

March 16th, 2022

I was able to use your website for the purpose I was looking for. I was able to conclude the transactions I needed without having to use an attorney.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

James K.

May 15th, 2024

Looks like a very professional site. I just don’t know what it would cost using this site.

Reply from Staff

Thanks for the kind words about the website James, sorry to hear that you could not find pricing information, we will try harder.

Karen L.

October 3rd, 2022

Good service could give a little more detail on where to location some of the information needed. Overall fairly simply to use.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Kenneth R.

May 26th, 2023

Easy to use and saves money.

Reply from Staff

Thank you!

Lisa J.

November 29th, 2019

Thank you so much for your time.

Reply from Staff

Thank you!

Barbara H.

October 4th, 2019

So far so good. Thanks for making this easy and affordable.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Jay W.

February 7th, 2019

your service is more than I expected easy to navigate, great info, easy to understand. other other sites every time you go to next page there is something to buy to get the info you want. Jay

Reply from Staff

Thank you!

Barbara G.

January 30th, 2020

Thank you everything was as expected very good service

Reply from Staff

Thank you Barbara, we really appreciate you.

Thomas A.

February 25th, 2021

Deeds.com is an easy-to-use resource for the busy real estate practitioner .

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Gladys B.

January 23rd, 2019

Good and fast service. Thank you.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Sara M.

March 30th, 2022

Love these docs, and so does the recorder's office. Recording always goes so smooth, no issues ever. THANKS!!!

Reply from Staff

Awesome! Thanks for the kind words Sara.

Kimberly B.

September 22nd, 2020

Absolutely recommend Deeds.com! The process to recording your document is explained step by step. If you have any questions, you just send a message and almost instantly a staff member will reply. Super quick processing. I uploaded my document late Friday afternoon, it was reviewed by Deeds.com staff and sent to the county for recording on Monday. By Tuesday, my document was successfully recorded by the County Recorder's Office and a copy of my recorded document was available for me, as well!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Eileen D.

August 5th, 2020

Very easy to use. The example form was a big help in making sure I had the forms filled out correctly.

Reply from Staff

Thank you!

Kyle E.

November 8th, 2023

Works great thank you for saving us driving time!!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!