Short Answer

In North Carolina, the DMV will retitle a deceased owner’s vehicle when you present a certified, court-sealed Order of Summary Administration issued by the Clerk of Superior Court. To get that order, the surviving spouse files a verified petition for summary administration (with the death certificate and, if there is a will, the original will for probate). If summary administration is not available, an alternative is a DMV Affidavit of Authority to Assign Title (MVR-317) signed by all heirs and certified by the clerk.

Understanding the Problem

In North Carolina, how do I get the DMV to transfer a vehicle title when the DMV is demanding a court-sealed summary administration order? Here, the family has only an uncertified copy of a decades-old will. The goal is a single court order the DMV will accept so the title can be transferred.

Apply the Law

North Carolina allows a streamlined estate process called summary administration when a decedent leaves a surviving spouse who is the sole heir or sole devisee. The surviving spouse files a verified petition in the county where the decedent was domiciled. If granted, the Clerk of Superior Court issues an Order of Summary Administration. A certified copy of that order requires third parties, including the DMV, to transfer assets such as motor vehicle titles to the spouse. Separately, North Carolina law also permits title transfer by affidavit directly through the DMV (MVR-317) when specific conditions are met and the clerk certifies the affidavit.

Key Requirements

• Surviving spouse eligibility: Summary administration is available only if the surviving spouse is the sole heir (intestate) or sole devisee (under a will). Certain will terms can make it ineligible.
• Verified petition and probate step: The spouse files a signed, verified petition; if there is a will, it must be admitted to probate as part of the filing.
• Clerk’s order: If the statutory criteria are met, the clerk issues an Order of Summary Administration; certified copies of that order compel transfer of assets, including vehicle title.
• Alternative affidavit path: If summary administration is not used, DMV can accept an Affidavit of Authority to Assign Title (MVR-317) signed by all heirs and certified by the clerk, provided no administration is pending and debts are addressed.
• Forum and timing: File with the Clerk of Superior Court in the decedent’s home county. Summary administration has no waiting period; the affidavit-for-collection route (a different tool) requires at least 30 days after death.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-28-1 (Summary administration eligibility) – Allows summary administration when the spouse is the sole heir or devisee.
• North Carolina Gen. Stat. § 28A-28-2 (Petition requirements) – Lists what the spouse’s verified petition must include.
• North Carolina Gen. Stat. § 28A-28-4 (Effect of order) – A certified order requires transfer of assets, including vehicle titles, to the spouse.
• North Carolina Gen. Stat. § 20-77(b) (Affidavit to assign motor vehicle title) – DMV may transfer title upon a clerk-certified affidavit with specific statements and signatures.

Analysis

Apply the Rule to the Facts: Because the DMV is requiring a court-sealed summary administration order, the spouse should seek summary administration if the spouse is the sole devisee under the will. With only an uncertified copy of an old will, the first step is to obtain and probate the original so the petition can proceed. If the original cannot be produced or the spouse is not the sole heir/devisee, the family may instead pursue a clerk-certified DMV title assignment affidavit (MVR-317), if its statutory conditions are satisfied.

Process & Timing

1. Who files: The surviving spouse. Where: Clerk of Superior Court in the decedent’s county of domicile in North Carolina. What: For testate estates, file the Application for Probate and Petition for Summary Administration (AOC-E-905) with the death certificate and the original will for probate; for intestate estates, file the Petition for Summary Administration Without a Will (AOC-E-906); pay court costs under G.S. 7A-307. When: Summary administration may be filed without a statutory waiting period; large counties may take weeks to months to process.
2. After filing, the clerk reviews the verified petition and probate materials. If criteria are met, the clerk enters the Order of Summary Administration (AOC-E-904M) and can certify multiple copies for use with third parties.
3. Take a certified copy of the Order of Summary Administration to the DMV with the vehicle’s current title and standard title-transfer paperwork to complete the retitling.

Exceptions & Pitfalls

• Summary administration is unavailable if the spouse is not the sole heir/devisee or if the will’s terms rule it out; consider the DMV title-assignment affidavit (MVR-317) when no administration is pending.
• For a testate filing, the original will must be probated. If only a copy exists, seek the original from the holder or pursue appropriate court relief to compel production.
• Using MVR-317 requires all heirs to sign, specific statements about debts, and clerk certification; the clerk may request family-history information to confirm who must sign.
• A summary administration order shifts liability for valid claims and taxes to the spouse; assess creditor issues before choosing this path.
• Processing times and document formatting can vary by county; submit complete, verified filings to avoid delays.

Talk to a Probate Attorney

If you’re dealing with a DMV title transfer that hinges on a summary administration order, 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.