Deal with a vehicle in North Carolina
You need to continue regular car payments, maintain vehicle registration, and then transfer the car's ownership. You cannot drive the car unless you have proper registration, and penalties will be charged if this is not done on time.
For administered estates (in which the registered owner dies with a will and the administrator is appointed for the estate), you need:
Letters of Administration - The Clerk of Court’s Office furnishes Letters of Administration, Testamentary or Executor based on the deceased’s estate.
Administrator or executor would sign as seller for the registered owner in Section A of the title.
Title must be accompanied by the original Letters of Administration. A copy is acceptable if the seal and signature are original.
If more than one administrator, all administrators must sign in the assignment of title unless the court document specifically indicates that either one of them may act on behalf of the estate.
If more than one title is transferred by an executor, a copy of Letters Testamentary with each application clearly showing the Clerk of Court’s seal or record title number that Letters Testamentary is attached to on each of the other titles.
Odometer disclosure statement required on all vehicles 10 years old and newer
Highway use tax is due if the vehicle is transferred to a party other than spouse, child or step-child or the vehicle was acquired by will or intestacy.
Title may be issued in the name of the estate. Papers showing the appointment of the administrator to sign for the estate would not be required.
Administered Estates that are closed require:
Statement from Clerk of Court that the estate has been closed
Release of Heirs (Form MVR-317)
A copy of probated will
An Estate with a Public Administrator
Can be appointed by Clerk of Court
Papers showing this appointment must be furnished
For a non-administered estate, meaning an owner dies intestate (without having made a will) and no Administrator qualifies, you have a few options depending on your role:
Release of Heirs Form MVR-317
All heirs shown in Number 6 on Form MVR-317 must sign in the presence of a notary. The name shown on line 7 must title in their name before selling, unless form shows vehicle assigned to NC dealer. An assignment on title is not required if form identifies vehicle. Clerk of Courts Office must complete the reverse side of form. Secure Form MVR-317 must be used since transfer of ownership is involved.
Form MVR-317 is acceptable without the signatures of the children if the deceased died intestate (no will) and the net property does not exceed $15,000 in value. If the Clerk of Court does not refer to G.S. 29-14 or verify that signatures are not required, signature of all heirs would be required.
When an MVR-4 is used with Form MVR-317, all heirs must sign the front of the MVR-4 (Application for Duplicate Title) in the presence of a notary if the vehicle is being transferred to a disinterested party. If the transfer is to one of the heirs, that heir completes the front section of the form, signing for the deceased owner.
Widow’s Allotment or Report of Commissioners or Oath of Commissioners
A widow/widower may assign the certificate of title to the new owner in Section A and the Widow’s Year Allowance must be attached to the transfer. If it identifies the vehicle, showing year model, make and serial number, then an assignment is not required.
Small Estates Act:
Affidavit for Collection of Personal Property: The person signing the affidavit may sell or title the vehicle in their name. An assignment on the title is not required if form describes the vehicle including year, make and serial number.
Affidavit of Collection of Personal Property of Decedent:
The owner of a motor vehicle died with/without having made a will, leaving personal property not exceeding $10,000 if decedent died on or before 9/30/09 or $20,000 if decedent died on or after 10/01/09, transfer of title may be made by filing a certified copy of an affidavit by or on behalf of the heir. The form must furnish the following information:
Name and address of the person making the application and that he/she is an heir of the decedent
The name and address of the decedent
Date and place of death
That at least 30 days have passed since the decedent’s death
That the value of all personal property owned by the decedent less all liens and encumbrances does not exceed $10,000 if decedent died on or before 9/30/09 or $20,000 if decedent died on or after 10/01/09; or
That applicant is the surviving spouse and is sole heir of the decedent, and the value of all personal property less liens and encumbrances does not exceed $20,000 if decedent died on or before 9/30/09 or $30,000 if decedent died on or after 10/01/09.
That an application for appointment of a personal representative has not been granted or is pending
Must also include all names, addresses and relationship of all heirs
Description of each tract of real property owned by the decedent at the time of his/her death
If the form identifies the vehicle, an assignment would not be required. If the title is attached describing the vehicle including year, make and serial number, the vehicle description does not have to appear on the form.
A copy of this affidavit must be filed with the Clerk of Superior Court of the county where the decedent resided and a copy mailed to the person shown on the affidavit as entitled to the personal property. This copy must be submitted with the application for title.
Summary Administration
A Summary Administration is an estate where surviving spouse is the sole beneficiary and is responsible for the debts of the deceased. When a decedent dies testate or intestate with the surviving spouse as the sole heir, the surviving spouse may file a petition for Summary Administration with the Clerk of Superior Court of the county where the decedent resided at the time of death. This procedure is available if the decedent died partially testate, provided the surviving spouse is the sole heir under the will and is also the sole person to whom the property has been granted.
This procedure is not available if the decedent’s will provides that it is not available or if the will to the surviving spouse is in trust rather than outright.
The presentation of a certified copy of the order shall be sufficient to transfer to the spouse of any property or contract owned by the decedent at the time of death including the title and license to a motor vehicle registered in the name of the decedent. The person paying, delivering, transferring or issuing property pursuant to the order is discharged and released to same extent as if the person dealt with a duly appointed personal representative of the deceased.
An application for Probate and Petition for Summary Administration is not acceptable as an Order of Administration. The application must be submitted to the courts in order for the Order of Summary Administration to be issued.
Cases with death certificate may be used to transfer titles
Joint Tenants with Right of Survivorship (JTWROS)
Titles are issued with right of survivorship, but the title must specifically provide for this and after the name of one of the joint owners should appear JTW (“As Joint Tenants With Rights of Survivorship.”) as long as both owner’s sign the MVR-1. When a title is issued showing “JTW”, a death certificate is sufficient proof to allow the survivor to transfer the title. Also acceptable are Letters of Administration or Affidavit of Heirs. Title will print showing only “JTW” after the name.
Mobile Homes Registered Jointly
If the mobile home is registered in joint ownership (spouse to spouse) and one of the parties is deceased, the survivor may sell or title in their name. The survivor must furnish a copy of the death certificate. If sold, assignment of the title is needed.