Dare County Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) Form

Last validated September 17, 2026 by our Forms Development Team

Formatted for recording in Dare County, for property anywhere in the county: rural and unincorporated areas as well as Avon, Buxton, Frisco, Hatteras, Kill Devil Hills, Kitty Hawk, Manns Harbor, Manteo and 6 more.

$3997
One-time purchase. No subscription.
  • 3 documents included
  • Immediate PDF download
  • Formatting guarantee

Dare County Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) Form

Dare County Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) Form

Fill in the blank Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) form formatted to comply with all North Carolina recording and content requirements.

Document last validated 8/20/2026
Dare County Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) Guide

Dare County Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) Guide

Line by line guide explaining every blank on the Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) form.

Document last validated 7/21/2026
Dare County Completed Example of the Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) Document

Dare County Completed Example of the Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) Document

Example of a properly completed North Carolina Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) document for reference.

Document last validated 9/17/2026

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

Immediate Download • Secure Checkout

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

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

Where to Record Your Documents

Dare County Register of Deeds

Address:
Justice Center - 962 Marshall C Collins Dr, Rm 165A / PO Box 70
Manteo, North Carolina 27954

Hours: 8:30 to 5:00 M-F

Phone: (252) 475-5970

Recording Tips for Dare County:
  • Bring your driver's license or state-issued photo ID
  • Ensure all signatures are in blue or black ink
  • Ask if they accept credit cards - many offices are cash/check only
  • Check that your notary's commission hasn't expired
  • Documents must be on 8.5 x 11 inch white paper

Cities and Jurisdictions in Dare County

Properties in any of these areas use Dare County forms:

  • Avon
  • Buxton
  • Frisco
  • Hatteras
  • Kill Devil Hills
  • Kitty Hawk
  • Manns Harbor
  • Manteo
  • Nags Head
  • Rodanthe
  • Salvo
  • Stumpy Point
  • Wanchese
  • Waves

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Dare County

How do I get my forms?

Forms are available for immediate download after payment. The Dare 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 Dare County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Dare 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 Dare 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. The free Adobe Acrobat Reader is recommended, and most PDF apps also work. 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 Dare County?

Recording fees in Dare County vary. Contact the recorder's office at (252) 475-5970 for current fees.

Questions answered? Let's get started!

When one of two North Carolina owners who held real estate with a right of survivorship dies, the survivor already owns the whole property. Title passed at the moment of death, by operation of law, without probate and without a new deed. What remains is a record-keeping step: showing that vesting in the county land records, so the next examiner or title insurer sees the surviving owner as the sole owner. This form prepares the North Carolina Affidavit of Survivorship that title practice uses for that step.

Two Survivorship Estates, One Affidavit

North Carolina recognizes two survivorship estates this affidavit reaches. Spouses usually hold as tenants by the entirety under Chapter 41, Article 5, where a conveyance to spouses vests the entirety unless the deed says otherwise. Other co-owners can hold as joint tenants with right of survivorship under Chapter 41, Article 6, but only where the deed expressly says so; under Section 41-71 a conveyance to two or more persons is a tenancy in common unless the instrument expresses survivorship intent. The form carries both recitals and asks the affiant to mark the one that matches the recorded deed.

What the Statutes Do at Death

For tenancy by the entirety, Section 41-64 provides that on the death of a spouse the property belongs to the surviving spouse by right of purchase under the original grant and by survivorship, and that the deceased spouse has no estate that is descendible or divisible. For joint tenancy with right of survivorship, Article 6 carries the survivorship and Section 41-74 applies a 120 hour survival requirement. The principal limit is the slayer rule of Section 31A-3, carried into Section 41-64(b) for the entirety; the affidavit recites that the affiant is not a slayer of the decedent.

An Affidavit, Not a Deed

The affidavit does not transfer title and does not create the survivorship; the deed and the statutes did that. It is sworn evidence, recorded for notice. The affiant, the surviving owner already named on the deed, swears before a notary that the affiant survived the decedent, that title vested in the survivor by operation of law, and that the decedent's interest did not pass through the estate. Because it is sworn, the notary completes a jurat rather than a deed acknowledgment. No enabling statute creates this affidavit; registers of deeds accept it under the general recording statutes of Chapter 47.

Recording in North Carolina

The affidavit names the parties and the date of death, describes the property by county and formal legal description, and identifies the survivorship deed by its book and page in the county public registry, the reference an examiner uses to confirm the survivorship language. It is recorded with the Register of Deeds where the property lies, together with a certified copy of the death certificate, and North Carolina records by order of registration under Chapter 47. Because the affidavit documents a transfer that occurred by operation of law and conveys nothing, it does not carry the documentary excise tax that Sections 105-228.30 and 105-228.32 impose on conveyances.

The package includes the blank fillable PDF, a completed example for a tenancy by the entirety in Mecklenburg County, and a plain-language guide covering every section, the survivorship statutes, and recording. The materials are informational and are not legal advice.

Important: Your property must be located in Dare County to use these forms. Documents should be recorded at the county recording office listed above.

This Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) meets all recording requirements specific to Dare County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Dare 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 Dare County Affidavit of Survivorship (Tenancy by the Entirety or Joint Tenancy with Right of Survivorship) 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 - ( 4,798 Reviews )

Daniel R. 4 out of 5 stars

Could have had Clerk's certification of mailing form after it is recorded. Not fatal, but I did have to resort to reading the statute as well.

Reply from Staff

Thank you!

Vernon A L. 3 out of 5 stars

They are forms....no magic there. I still have to round up the details.

Reply from Staff

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

Jaime H. 5 out of 5 stars

quick and easy

Reply from Staff

Thank you!

Andrea R. 5 out of 5 stars

I was pleasantly surprised as I didn't even know you can record a quit claim deed digitally. I am in the mortgage business so I will gladly refer all my clients to this website! Deeds.com was prompt and fast with the entire process. My document was recorded and completed in less than 24 hours! Thank you again!

Reply from Staff

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

Stephen G. 5 out of 5 stars

Well, we are 10 days from leaving the country for months and needed to notarize and record deed changes to our rental properties. We worried about USPS, UPS, DHL, etc. and hardcopies in the County's bureaucrats' hands. Soooo, we learned of Deeds.com from the County web site via one of the bulk digital recorders telling me about Deeds.com. Hit their site, read their instructions, concluded my tiny brain and decrepit abilities could handle the chore. WITHIN AN HOUR OF UPLOADING EVERYTHING INCLUDING C.C. FOR PMT IT WAS RECORDED AND I printed out copies. WORTH the $$ in speed, convenience and PEACE of mind. Pardon the loud trumpeting.

Reply from Staff

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

Jianxing L. 5 out of 5 stars

This is my first time using this website and was impressed for the simple and clear web design and exploring. Now I am anxiously waiting for the e-recording up running to start my deed process.

Reply from Staff

Thank you for taking a moment to share your thoughts.

Jacqueline G. 5 out of 5 stars

Great site, user friendly. Exactly what we needed and the detailed instructions/completed sample were a nice touch.

Reply from Staff

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

David C. 5 out of 5 stars

I found it pretty easy to navigate, all worked well. Need a better example of excise tax. Lastly, your link in the email to get to this page doesn't work :)

Reply from Staff

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

Samantha Ann F. 5 out of 5 stars

I needed more knowledge to feel comfortable for using this form. I am sure it will work great for some people...for me I needed to contact an Estate Manager.

Reply from Staff

We understand that not every situation is a good fit for a do-it-yourself form package, especially when estate matters are involved. We’re glad you recognized when additional guidance would make you more comfortable, and we appreciate you giving our forms a try. Best wishes moving forward with your estate matter.

Fred P. 5 out of 5 stars

Great website to get your state and county forms.

Reply from Staff

Thank you!

Dee S. 5 out of 5 stars

Great service and so quick at responding!

Reply from Staff

We are motivated by your feedback to continue delivering excellence. Thank you!

Jeffery H. 5 out of 5 stars

Very easy to use. Thanks for your quick response on my document submissions and follow up and guidance on specific questions.

Reply from Staff

Thank you for your positive words! We’re thrilled to hear about your experience.

Pamela W. 5 out of 5 stars

Signing up was easy and the form was amazing. The ability to type on it (I am on a MAC) was beyond my expectations, the ability to save a blank, save my two documents, save the instructions and sample was excellent. The documents are in the mail and we are hopefully they will be approved. Blessings,

Reply from Staff

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

Shari S. 5 out of 5 stars

Deeds.com is a wonderful resource providing helpful information, forms, examples, and instructions. Thank you for your service.

Reply from Staff

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

leila m. 5 out of 5 stars

Very good service, friendly customer service I absolutely will use the service again

Reply from Staff

Thank you!