Short Answer

In North Carolina, the Clerk of Superior Court typically needs: (1) a completed AOC‑E‑100 Application and Assignment of Year’s Allowance, (2) a certified death certificate, (3) proof of relationship (e.g., marriage certificate for a spouse or birth certificate/guardianship papers for a child), (4) a list and reasonable values of the personal property to be assigned, and (5) the filing fee (plus fees for certified copies). Letters testamentary are not required to approve a year’s allowance. If a personal representative has already been appointed, you must deliver a copy of your application to that person.

Understanding the Problem

You’re asking what the North Carolina court actually requires to approve a year’s allowance so you can proceed without opening a full estate. You are trying to sell the decedent’s vehicles using a year’s allowance and have already filed the application but are unsure what additional documents the Clerk of Superior Court may need and whether letters testamentary are necessary.

Apply the Law

Under North Carolina law, a year’s allowance lets a surviving spouse or eligible child receive money or other personal property for support without full probate. The Clerk of Superior Court (Estates Division) reviews the application, confirms eligibility, identifies available personal property, assigns specific items or amounts, and issues certified copies you can use to transfer assets (including motor vehicles). If a personal representative (PR) has been appointed in the estate, the applicant must deliver a copy of the allowance application to the PR. If letters have issued, the application for a family allowance must be filed within six months after those letters.

Key Requirements

• Eligible applicant: Surviving spouse or an eligible child (through a guardian/next friend, if needed).
• Proper filing: Submit AOC‑E‑100 with a certified death certificate, proof of relationship, and a list/values of personal property to be assigned.
• Vehicle details: For cars, bring title/registration details and recent tax bill; certified copies of the signed AOC‑E‑100 are used to transfer title.
• If a PR exists: Deliver a copy of your application to the PR by personal delivery or first‑class mail; pay the filing and certification fees.
• Timing: If letters have been issued, file within six months after issuance; if no letters, no fixed statutory deadline applies, but prompt filing helps with transfers.

What the Statutes Say

• North Carolina Gen. Stat. § 30-15 (Spousal allowance) – Provides the spouse’s year’s allowance and filing framework.
• North Carolina Gen. Stat. § 30-17 (Child’s allowance) – Provides the child’s year’s allowance and filing framework.
• North Carolina Gen. Stat. § 20-77 (DMV transfers) – Allows DMV to transfer title using a certified allowance assignment or by affidavit in limited cases.
• North Carolina Gen. Stat. § 7A-307 (Estates costs) – Lists applicable clerk costs in estate matters, including allowances.

Analysis

Apply the Rule to the Facts: Because you’re using a year’s allowance to transfer and sell the decedent’s vehicles without full probate, the Clerk will look for a complete AOC‑E‑100 with the death certificate, proof you qualify (spouse or eligible child), and a clear list and values of the assets (including the vehicles). Letters testamentary are not required for approval; the clerk’s signed assignment and certified copies substitute for that purpose. If a personal representative has been appointed since you filed, you must deliver a copy of your application to the PR and, if within six months of letters, ensure your filing meets the time requirement.

Process & Timing

1. Who files: Surviving spouse or eligible child (through guardian/next friend, if needed). Where: Clerk of Superior Court, Estates Division, in the county with proper venue. What: AOC‑E‑100, certified death certificate, proof of relationship, asset list/values; for vehicles, bring title/registration and recent tax bill; pay filing and certification fees. When: If letters have issued, file within six months after issuance; if no letters, file as soon as practicable.
2. The clerk reviews eligibility and valuations, may request more information, and then signs the assignment. Certified copies of the AOC‑E‑100 are returned for use in transferring assets. Timeframes vary by county.
3. Use certified copies of the signed AOC‑E‑100 to transfer bank funds and vehicle titles. DMV accepts a certified assignment to the spouse or eligible child to effect title transfer. Keep copies for your records.

Exceptions & Pitfalls

• If a PR has been appointed and six months have passed since letters, your filing may be time‑barred absent another path; act promptly.
• Failure to provide proof of relationship (marriage certificate, birth certificate, guardianship) can delay approval.
• Vehicles with liens transfer subject to the lien; confirm payoff and bring accurate equity values.
• If disputes arise, the clerk can require a hearing or a contested proceeding; after an award, an interested party may challenge it within a limited time.
• Assets passing outside the estate (e.g., joint with right of survivorship) generally are not available to satisfy the allowance.

Talk to a Probate Attorney

If you’re navigating a year’s allowance to transfer vehicles or other personal property without full probate, our firm can help you prepare the right documents and meet the deadlines. Call us today to discuss your options and timing.

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.