Do I need to submit the vehicle title or VIN when inventorying estate assets? – North Carolina

Short Answer

On the North Carolina estate inventory (AOC-E-505), you must list each vehicle with its VIN (serial number), title number, make/description, and date-of-death value. You generally do not file the physical title with the inventory. Keep the original and a copy; some clerks may ask to see a copy to verify the VIN or ownership. If the value is not yet known, you may enter “undetermined” and update it later.

Understanding the Problem

In North Carolina, the personal representative must file an estate inventory with the Clerk of Superior Court. The question here is narrow: when listing a decedent’s vehicle on that inventory, do you need to submit the paper title or is the VIN enough? In your situation, a title is being used to confirm the VIN for the inventory while the firm also pursues a spousal allowance.

Apply the Law

North Carolina requires an inventory within three months of qualification. For motor vehicles, the inventory must identify each vehicle with specific details and a date-of-death value. Clerks review inventories for completeness and may request supporting documentation, but the inventory filing itself does not typically include the physical title. If valuation is pending, you may enter “undetermined” and file a supplemental inventory once finalized. Vehicles with survivorship may be listed in the category for property that could be added to the estate if needed to pay claims.

Key Requirements

• Identify the vehicle fully: Include VIN/serial number, title number, make/description, and fair market value as of the date of death.
• File on time: Submit the Inventory for Decedent’s Estate (AOC-E-505) within three months of qualification with the Clerk of Superior Court.
• Keep the title; provide copies if asked: Do not file the original title with the inventory; retain it and bring a copy if the clerk requests verification.
• Valuation flexibility: If the value is not yet known or an appraisal is pending, list “undetermined” and supplement later.
• Classify correctly: Vehicles that passed by survivorship are not probate assets; list them in the category that may be available to pay claims if needed.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-20-1 (Inventory due within three months) – sets the timing and scope of the inventory.
• North Carolina Gen. Stat. § 28A-20-3 (Supplemental inventory) – allows updates for newly found assets or corrected values.
• North Carolina Gen. Stat. § 28A-20-4 (Appraisers) – permits use of appraisers and disclosure of appraiser information.
• North Carolina Gen. Stat. § 7A-307 (Court costs and fees) – addresses the fee assessed based on personal property values.

Analysis

Apply the Rule to the Facts: Here, the title helps you capture the VIN and title number accurately for AOC-E-505. You do not need to file the original title with the inventory; keep it and provide a copy if the clerk requests verification. Because the spousal allowance is pending, it does not change the inventory duty or timing. If you are still determining the vehicle’s value, list “undetermined” and file a supplemental inventory once you have a fair market value.

Process & Timing

1. Who files: The executor/personal representative. Where: Clerk of Superior Court in the county where the estate is opened in North Carolina. What: Inventory for Decedent’s Estate (AOC-E-505), with each vehicle’s VIN, title number, make/description, and date-of-death value. When: Within three months of qualification.
2. Keep the original title with the estate records; obtain and retain a copy of the title or registration to verify the VIN and ownership if the clerk requests it. If valuation is pending, note “undetermined,” then secure an appraisal or other valuation.
3. File any supplemental inventory to add newly discovered details or finalize “undetermined” values; the clerk records the inventory and assesses the fee based on personal property values.

Exceptions & Pitfalls

• Survivorship titles: A vehicle titled with right of survivorship (or a mobile home owned by spouses as tenants by the entirety) is not a probate asset; do not list it as estate property. Consider listing it in the category for property that could be added to the estate to pay claims.
• Missing or lost title: You don’t need it to file the inventory, but you will need to address it to transfer later (e.g., request a duplicate through DMV). Maintain a copy for VIN verification.
• Incomplete descriptions: Do not omit VIN or title number, or substitute a license plate number. Use date-of-death value, not replacement cost.
• Valuation delays: If you enter “undetermined,” remember to update with a supplemental inventory once the valuation is available.
• Deadlines: Missing the three-month deadline can trigger clerk notices and orders to compel filing.

Talk to a Probate Attorney

If you’re dealing with how to list vehicles on a North Carolina estate inventory and what documents to submit, 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.