Short Answer

In North Carolina, if a vehicle is titled to two people as joint tenants with right of survivorship, the surviving co-owner becomes the sole owner at the other owner’s death. You do not need an estate to be opened to retitle it. If a relative is hiding the car, you can (1) retitle the vehicle with the DMV using the death certificate and (2) file a civil “claim and delivery” action to get a court order for the sheriff to seize and return the car.

Understanding the Problem

North Carolina surviving co-owners want to know: can I recover a vehicle that’s titled with rights of survivorship after my co-owner died, when a family member has hidden it? Here, the title shows a survivorship designation, and no probate estate is open. The goal is to secure title in your name and regain possession without delay.

Apply the Law

Under North Carolina law, a motor vehicle expressly titled with a right of survivorship passes automatically to the surviving owner at the other owner’s death. That vehicle is generally not a probate asset and can be retitled by the survivor at the Division of Motor Vehicles (DMV) with a certified death certificate and proper title paperwork. If someone wrongfully withholds the car, the survivor may file a civil action for possession (claim and delivery) and may seek quick, temporary relief to have the sheriff recover the vehicle pending the case. The DMV is the main administrative forum for title work; court is the forum to recover possession. DMV procedures can change, and the court process has filing and bond requirements that vary by case.

Key Requirements

• Clear survivorship on the title: The certificate of title or DMV records must show a right of survivorship between the co-owners.
• Proof of death: Provide a certified death certificate to the DMV to remove the decedent from title.
• Proper DMV forms: Use the standard title application (or request a duplicate title if the paper title is missing) and meet insurance/tax listing requirements.
• Possession remedy: If someone hides or withholds the car, file a civil claim and delivery case to obtain a court order directing the sheriff to seize and return the vehicle.
• No estate needed (generally): Because survivorship property passes outside probate, you typically do not need to open an estate to retitle the vehicle.

What the Statutes Say

• North Carolina Gen. Stat. § 20-52 (DMV applications and survivorship titling) – DMV applications include an option to title co-owned vehicles with survivorship.
• North Carolina Gen. Stat. § 41-2 (Creation of survivorship in personal property) – Survivorship must be expressly created to apply.
• North Carolina Gen. Stat. Ch. 1, Art. 36 (Claim and delivery of personal property) – Civil process to recover possession of specific personal property.
• North Carolina Gen. Stat. § 20-77(b) (Affidavit assignment method) – Alternate DMV path for vehicles titled solely to the decedent when no administration is pursued.

Analysis

Apply the Rule to the Facts: Because the title shows a right of survivorship, your co-owner’s interest passed to you at death, and the car is generally not part of a probate estate. You can retitle at DMV with a certified death certificate and the title (or a duplicate). If a relative is hiding the car, a claim and delivery action asks the court to order the sheriff to recover it and return possession to you as the legal owner.

Process & Timing

1. Who files: Surviving co-owner. Where: NCDMV License Plate Agency/DMV. What: Title application (MVR‑1), original title; if missing, request a duplicate title (MVR‑4); certified death certificate; proof of insurance; meet tax listing. When: Start immediately; DMV processing includes a brief mandatory waiting period for duplicate titles.
2. If the car is hidden: File a civil claim and delivery action in North Carolina district or superior court in the county where the vehicle is located. Include a verified complaint, claim and delivery affidavit, and required bond; request expedited possession and, if needed, a temporary restraining order to prevent moving or selling the car. Courts may schedule quick hearings.
3. Final step: Upon order, the sheriff seizes and returns the vehicle. You complete title/registration in your name and maintain insurance and tax compliance.

Exceptions & Pitfalls

• Check the title language: If the title does not actually include survivorship, the decedent’s share may belong to the estate; a personal representative—not you—would control that share.
• Don’t self‑help: Avoid entering property or taking the car without permission; use court remedies to reduce risk of civil or criminal exposure.
• Moving target risk: If the vehicle might be moved or sold, ask the court for temporary restraints and include the VIN in your filings to help law enforcement identify the car.
• Estate creditors: Some survivorship financial accounts can be pulled back by a personal representative if an estate is later opened and assets are insufficient to pay claims. Vehicles with survivorship generally pass outside probate, but secured liens recorded on title still follow the vehicle.
• Life insurance concerns: Life insurance typically pays the named beneficiary directly and is not a probate asset unless the estate is named. That issue is separate from your vehicle ownership.

Talk to a Probate Attorney

If you’re dealing with a hidden survivorship-titled vehicle after a co-owner’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.