Short Answer

In North Carolina, the executor must list each vehicle on the 90-day estate inventory and give the Clerk of Superior Court key details (VIN, make, and fair market value). If a title is missing, the executor applies to the NCDMV for a duplicate title (Form MVR-4), waits the mandatory 15 days, and then uses the duplicate to transfer or sell the vehicle with certified Letters and a death certificate. If timing is tight, file the inventory on time and update it later.

Understanding the Problem

In North Carolina probate, can an executor list vehicles on the estate inventory and complete transfers when one paper title is missing? You have already qualified as executor, and one of three vehicle titles cannot be located.

Apply the Law

North Carolina requires a detailed estate inventory within three months of qualification. Vehicles are personal property that belong on the inventory with their identifying information and date‑of‑death value. If a paper title is lost, the executor may obtain a duplicate from the NCDMV and then sign the title to transfer or sell, providing certified Letters and a death certificate. The Clerk expects sufficient detail on the inventory; if you are waiting on a document or valuation, you may file on time and supplement when complete.

Key Requirements

• File a 90‑day inventory: List each vehicle with VIN, make/description, and fair market value as of the date of death.
• Get a duplicate title if lost: Submit NCDMV Form MVR‑4 (duplicate title), observe the 15‑day waiting period, and address any recorded lien or obtain a lien release.
• Transfer with proper documents: Executor signs as seller and provides certified Letters and a certified death certificate; the buyer/beneficiary files the title application (MVR‑1) and any odometer disclosure required for older title formats.
• Use the right path for co‑owned vehicles: If a vehicle is titled with rights of survivorship, the survivor typically retitles with a death certificate and it is not a probate asset.
• Supplement if needed: If you discover new information or a value changes after filing, submit a supplemental inventory to keep the record accurate.

What the Statutes Say

• North Carolina Gen. Stat. § 28A‑20‑1 (Inventory due in 3 months) – Requires the personal representative to file an inventory within three months of qualification.
• North Carolina Gen. Stat. § 28A‑20‑3 (Supplemental inventory) – Allows updates for newly found property or corrected values/descriptions.
• North Carolina Gen. Stat. § 28A‑13‑3 (Powers of personal representative) – Authorizes the executor to take possession and manage personal property.
• North Carolina Gen. Stat. § 20‑77(b) (Motor vehicle title transfer by affidavit) – Provides a small‑estate alternative when no personal representative is appointed.

Analysis

Apply the Rule to the Facts: You must list all three vehicles on the 90‑day inventory with VIN, make/description, and date‑of‑death value. For the one missing paper title, apply for a duplicate using MVR‑4 and wait the 15 days; if there’s a recorded lien, a release or lienholder processing may be required. File the inventory on time; if the duplicate title or a valuation arrives later, submit a supplemental inventory to keep the file accurate.

Process & Timing

1. Who files: Executor. Where: Clerk of Superior Court (Estates Division) in the North Carolina county where you qualified. What: Inventory for Decedent’s Estate (AOC‑E‑505). When: Within three months of qualification.
2. For the missing title, file NCDMV MVR‑4 (duplicate title). Expect a mandatory 15‑day wait; if a lien appears, obtain a lien release or coordinate with the lienholder.
3. To transfer or sell: executor signs the title as seller and provides certified Letters and a certified death certificate; the transferee submits the title application (MVR‑1) and any required odometer disclosure. Reflect the disposition on your next account and, if it affects the inventory details, file a supplemental inventory.

Exceptions & Pitfalls

• Joint title with survivorship: A surviving co‑owner usually retitles with a death certificate; do not treat it as a probate asset. Confirm the title language.
• Liens: A duplicate title will reflect recorded liens and may be mailed to the lienholder; obtain a proper lien release before transfer.
• Small‑estate affidavit route: The DMV affidavit transfer under § 20‑77(b) applies when no personal representative is appointed; it is not used once you have qualified as executor.
• Insurance and storage: Keep vehicles insured and secure until transfer to avoid loss exposure during administration.
• Late filings: Missing the 90‑day inventory deadline can trigger clerk orders and possible sanctions; file on time and amend as needed.

Talk to a Probate Attorney

If you’re dealing with a missing North Carolina vehicle title during probate and need to meet the 90‑day inventory deadline, 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.