Montgomery County Affidavit of Heirship (Certificate of Estate) Form
Last validated June 29, 2026 by our Forms Development Team
Montgomery 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.

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

Montgomery 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.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional North Carolina and Montgomery County documents included at no extra charge:
Where to Record Your Documents
Montgomery County Register of Deeds
Troy, North Carolina 27371
Hours: 8:00am-5:00pm M-F
Phone: (910) 576-4271
Recording Tips for Montgomery County:
- Verify all names are spelled correctly before recording
- Recording fees may differ from what's posted online - verify current rates
- Bring extra funds - fees can vary by document type and page count
- Check margin requirements - usually 1-2 inches at top
Cities and Jurisdictions in Montgomery County
Properties in any of these areas use Montgomery County forms:
- Biscoe
- Candor
- Ether
- Mount Gilead
- Star
- Troy
Hours, fees, requirements, and more for Montgomery County
How do I get my forms?
Forms are available for immediate download after payment. The Montgomery 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 Montgomery County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Montgomery 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 Montgomery 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 Montgomery County?
Recording fees in Montgomery County vary. Contact the recorder's office at (910) 576-4271 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 Montgomery 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 Montgomery County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Montgomery 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 Montgomery 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 - ( 4747 Reviews )
Gordon J.
March 25th, 2026
The experience was generally very satisfactory. I was able to fill out the Trust Deed and send it via email no problem. However, I was not able to send the filled out form of the Note. It always erased my fill-ins when it was sent. I found that very frustrating.
Thank you, Gordon. Glad the Trust Deed worked well. Issues like the one you reported with the Note can sometimes be related to how the file is opened or sent. Using Adobe Reader to fill, save, and send the form is recommended. We also pass along all feedback like this to our team to confirm there are no issues.
Ingrid K.
December 18th, 2020
Prompt efficient service.
Thank you!
Julie D S.
January 24th, 2020
thank you for all the forms
Thank you!
Richard T.
January 21st, 2019
This was a complete set of the necessary forms, with instructions. It will be very useful. Instant download was great.
We appreciate your feedback Richard. Have a wonderful day!
Tonya J.
December 14th, 2019
User friendly and fast response time!!
Thank you for your feedback. We really appreciate it. Have a great day!
Kate J.
January 10th, 2022
Easy to use.
Thank you!
Ruth K.
October 11th, 2022
this is the only site that helped me out
Thank you!
James C.
December 28th, 2021
Worked well.
Thank you!
Celeste G.
January 23rd, 2019
Very helpful!!! Thanks again.
Thank you Celeste.
Betty Z.
June 21st, 2023
Thank you so much for giving us a service so important to many. I will pass on this pertinent process to all who need it. again, thank you. bz
Thanks so much Betty. We appreciate you. Have a spectacular day!
Richard R.
June 28th, 2022
Kind of expensive for a 3 page item...but I received it pronto and it will fill the bill.
Thank you!
Sam A.
September 18th, 2022
The form is just what I needed! Super easy access and user friendly. Exactly what I needed. Worth every dollar!!
Thank you for your feedback. We really appreciate it. Have a great day!
matt k.
March 16th, 2022
you guys/girls are the bestest..
Thank you!
Ellen O K.
April 25th, 2019
Good experience. Easy peasy. :)
Thank you Ellen, have a wonderful day!
Benjamin B.
November 10th, 2022
Your software was beneficial; facilitating preparation of a legal document and cover page in a state where I had limited legal experience.
Thank you for your feedback. We really appreciate it. Have a great day!