Can my sibling receive the cars if their name isn’t on the titles but the estate plan says the cars should go to them? – North Carolina

Short Answer

Yes, in North Carolina a car can pass to a sibling through a will (or sometimes through a trust), even if the sibling’s name is not on the title. But the title usually does not change automatically at death. In most cases, the estate’s personal representative (executor) must sign the existing title and submit DMV paperwork (and supporting documents) so the DMV can issue a new title to the sibling.

Understanding the Problem

In North Carolina probate, the key question is: can a personal representative transfer a vehicle titled only in the decedent’s name to a sibling when the will or trust directs that the sibling should receive the vehicle. This issue often comes up when an executor has the paper estate plan, but the DMV title still lists only the decedent as owner. The decision point is whether the estate plan controls who should receive the car and what steps must happen to put the sibling’s name on the DMV title.

Apply the Law

Under North Carolina law, a valid will can dispose of the decedent’s personal property, which includes vehicles. Even when the will is clear, the DMV generally requires an authorized signer and proper documentation before it will issue a new title. When a vehicle was titled only in the decedent’s name, the personal representative typically transfers it by executing the certificate of title as “seller” and submitting the required DMV application materials. The main forum for the estate side is the Clerk of Superior Court (Estates Division) in the county where the estate is opened; the title transfer is processed through the North Carolina Division of Motor Vehicles (either the Raleigh DMV title unit or a local license plate agency).

Key Requirements

Clear authority to transfer: The will (and the court-issued Letters Testamentary) must show who has authority to act for the estate and who is entitled to receive the vehicle.
Proper DMV title paperwork: The existing title must be properly assigned by the personal representative and the recipient must complete the DMV application steps to obtain a new title.
Estate administration must allow distribution: The personal representative generally distributes the vehicle only after addressing practical administration issues such as identifying the vehicle, confirming ownership type, and handling insurance and similar concerns during the administration period.

What the Statutes Say

N.C. Gen. Stat. § 31-40 (What property passes by will) – Allows a will to dispose of the decedent’s real and personal property owned at death, which can include vehicles.

Analysis

Apply the Rule to the Facts: The vehicles appear titled in the decedent’s name, so the sibling’s name not being on the title does not block the sibling from receiving the cars if the will (or a trust arrangement that actually owns the vehicles) directs that result. Because the executor is named and estate assets include vehicles, the executor typically signs the title on behalf of the estate and submits DMV materials so the title can be reissued in the sibling’s name. If the estate plan tries to leave the cars to a trust, DMV processing may require extra documentation and can take more back-and-forth than a direct transfer to an individual.

Process & Timing

Who files: The personal representative (executor), and the receiving sibling completes recipient portions of DMV paperwork. Where: (1) Clerk of Superior Court (Estates) for probate and issuance of Letters; (2) North Carolina DMV (local license plate agency or DMV title processing). What: Typically the original certificate of title signed by the personal representative, a title application if needed (often done on the title itself or on a separate DMV title application form), and supporting documents such as a certified death certificate and a certified copy of the personal representative’s Letters. When: As soon as feasible during administration, once the executor can responsibly distribute the vehicle and keep it insured and accounted for.
Confirm ownership type and required signatures: If the vehicle was jointly titled with rights of survivorship, the transfer process can be different than a vehicle titled solely in the decedent’s name. If solely titled, the executor’s assignment of title is typically required.
Submit to DMV and receive the new title: The receiving sibling (or the executor) submits the packet to DMV with proof of insurance and other required items. DMV then issues a new title in the sibling’s name once the paperwork is accepted.

Exceptions & Pitfalls

Trust language vs. DMV practice: When a will pours assets into a testamentary trust (or tries to direct a trust to receive the car), DMV staff may require additional documentation beyond what would be required for a direct transfer to an individual, and local processing can be inconsistent.
Small-estate/alternative transfer procedure: In limited situations, North Carolina may allow a simplified DMV transfer out of a decedent’s name when no personal representative has qualified and none is expected to qualify, including certain small-estate situations. This path is fact-specific and usually requires Clerk involvement and a DMV affidavit form used for transfers from a deceased owner.
Insurance and liability gaps: During administration, the executor should confirm the vehicle stays insured and controlled. Letting someone drive or keep a vehicle before it is properly transferred can create avoidable risk and disputes.
Missing title or incomplete paperwork: If the original title is lost, the transfer will typically slow down and may require additional DMV steps before a new title can be issued.

Conclusion

In North Carolina, a sibling can receive cars under a will (and sometimes through a trust plan) even if the sibling’s name is not on the titles, but the DMV usually requires a formal title transfer. The executor typically must qualify with the Clerk of Superior Court, obtain Letters Testamentary, and then sign the original title to transfer it to the sibling through DMV paperwork. The next step is to open the estate (or confirm an available simplified procedure) and then submit the title-transfer packet to DMV promptly after the executor has authority to act.

Talk to a Probate Attorney

If you’re dealing with vehicles titled in a deceased person’s name and an estate plan that directs who should receive them, our firm has experienced attorneys who can help explain the probate steps, DMV paperwork, and timing issues. 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.