Short Answer

Often, yes. In North Carolina, a home titled with your spouse as tenants by the entirety (the usual form for married couples) and a vehicle titled with a right of survivorship both pass to you automatically and can be retitled without opening full probate. You typically record a certified death certificate to update the land records and present a death certificate (or a DMV affidavit) to retitle the car. You may still need a limited probate step to handle wages, insurance checks, or creditor issues.

Understanding the Problem

You want to know whether, in North Carolina, you can put the jointly owned house and jointly titled car into your name without opening a full estate. You are the surviving spouse, there is one minor child, the house and car are in both names, and there are some debts. This article explains what you can transfer outside probate, what filings are still needed, and when a small or limited estate filing is smarter than full probate.

Apply the Law

North Carolina law allows many jointly owned assets to pass to the surviving co-owner by operation of law. Real estate owned by spouses as tenants by the entirety vests solely in the surviving spouse at death and generally is not used to pay the deceased spouse’s ordinary debts. To update title, the surviving spouse records a certified death certificate with the county Register of Deeds. For motor vehicles, if the title reflects joint ownership with a right of survivorship, DMV will retitle to the survivor upon proof of death. If survivorship isn’t on the title, a North Carolina DMV affidavit process can be used to transfer title without opening a full estate, and a surviving spouse can sign on behalf of minor children if they have no guardian. If you need to collect a final paycheck or address creditor claims, North Carolina offers small-estate tools: collection by affidavit (after 30 days) or a limited appointment to give notice to creditors. Summary administration is available only when the surviving spouse is the sole heir or devisee; it is not available when a child also inherits.

Key Requirements

• House title with survivorship: If the deed conveyed the home to you and your spouse while married, it is usually tenants by the entirety; record a certified death certificate with the Register of Deeds to update the chain of title.
• Vehicle retitling: If the title shows a right of survivorship, DMV retitles on presentation of the death certificate. If not, use the DMV Affidavit of Authority to Assign Title; the Clerk of Superior Court must certify it.
• Minor child signature: For the DMV affidavit, the surviving spouse can sign for minor children who have no guardian to complete the transfer.
• Debts and liens: Transferring a car by affidavit does not erase valid liens; and while survivorship assets pass outside probate, other assets and, in limited cases, certain survivorship funds can be reached if needed to pay allowable claims.
• Small estate options: To collect wages or small personal property without full probate, you may use collection by affidavit after 30 days. Summary administration is not available unless the spouse is the only heir or devisee.
• Family allowances: A spouse may claim a $60,000 allowance and a minor child a $10,000 allowance; if a personal representative is appointed, the application must be filed within six months after letters are issued.

What the Statutes Say

• North Carolina Gen. Stat. § 39-13.6 (Tenancy by the entirety) – Spouses who take title while married hold by the entirety unless the deed says otherwise.
• North Carolina Gen. Stat. § 20-77(b) (DMV affidavit to assign vehicle title) – Allows title transfer of a decedent’s vehicle by affidavit without full probate in defined circumstances.
• North Carolina Gen. Stat. § 28A-25-1 et seq. (Collection by affidavit) – Permits collection of personal property by affidavit after 30 days, subject to value limits.
• North Carolina Gen. Stat. § 28A-28-1 et seq. (Summary administration) – Available only if the surviving spouse is the sole heir or devisee and certain conditions are met.

Analysis

Apply the Rule to the Facts: Your home was purchased in both names last year while married, so it is likely tenants by the entirety and passes to you automatically; record a certified death certificate with the county Register of Deeds to reflect your sole ownership. The jointly titled vehicle can usually be retitled to you at DMV with a death certificate if the title shows survivorship; if not, use the DMV affidavit, which the Clerk must certify, and you may sign for your minor child if no guardian exists. Because you have a minor child, you are not the sole heir under intestacy, so summary administration is not an option. To handle the final paycheck and any small personal property, consider a collection-by-affidavit after 30 days, or seek a limited appointment to publish notice to creditors if cutting off unknown claims is important.

Process & Timing

1. Who files: Surviving spouse. Where: Record the death certificate with the county Register of Deeds; retitle the vehicle through NCDMV; if needed for a non‑survivorship vehicle, have the Clerk of Superior Court (Estates Division) certify the DMV affidavit. What: Certified death certificate for real estate; DMV proof of death or Form MVR‑317 (Affidavit of Authority to Assign Title); AOC‑E‑203 (Affidavit for Collection) if using small estate; AOC‑E‑100 for family allowances. When: Recording can be done as soon as the death certificate is available; collection by affidavit is available after 30 days from death.
2. DMV retitling typically occurs at a license plate agency once you present required documents (death certificate, title, affidavit if applicable, proof of insurance); county practices on Clerk certification for MVR‑317 can vary.
3. If you need to collect the final paycheck or address creditor claims without full probate, file the collection-by-affidavit after 30 days, or seek a limited personal representative appointment to publish notice and manage claims. Keep copies of all filings and DMV receipts.

Exceptions & Pitfalls

• If the deed lacks survivorship (e.g., tenants in common), the decedent’s share does not pass to you automatically; probate is usually required to deal with that interest.
• If the vehicle title lacks survivorship, the DMV affidavit requires signatures of all heirs; absent a guardian, the surviving spouse may sign for minor children, but you still need the Clerk’s certification.
• Using summary administration makes the surviving spouse responsible up to the value received for the decedent’s debts; avoid it in insolvent estates.
• Transferring a car by affidavit does not wipe out valid liens. Confirm there are no outstanding liens before retitling or selling.
• If you plan to sell real estate within two years or need to cut off unknown creditor claims, consider opening an estate and publishing a notice to creditors.

Talk to a Probate Attorney

If you’re dealing with transferring a jointly owned home and vehicle after a spouse’s death, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.