Answer

When someone dies without a will in North Carolina, they leave an intestate estate. To transfer vehicles, bank accounts, and a 401(k), you must follow the state’s probate rules under Chapter 28A of the North Carolina General Statutes. Here is how to proceed:

1. Determine the Need for Probate

First, check if the estate qualifies for summary administration (small estate procedures) under G.S. 28A-23.1 (assets under $20,000 in personal property and no real estate). If the estate exceeds those limits or includes real property, you must open a full administration.

2. Identify Heirs Under Intestacy

North Carolina follows a strict order of relatives when someone dies intestate. You must figure out who inherits by reading G.S. 28A-2-1 and G.S. 28A-2-2. Common heirs include spouses, children, parents, and siblings.

3. File a Petition for Administration

Submit a petition in the Superior Court of the county where the decedent lived. Use the forms provided by the clerk’s office. You will attach:

• Original death certificate
• Oath of the personal representative
• List of known heirs and their addresses
• Inventory of estate assets (initial estimate)

Cite statutes: see G.S. 28A-6-1 for the petition process.

4. Appointment and Letters of Administration

Once the court approves, the clerk issues Letters of Administration to the appointed personal representative (PR). The PR holds legal authority to manage and transfer estate assets. See G.S. 28A-7-1 for details.

5. Notify Creditors

The PR must publish a notice to creditors in a local newspaper within 30 days of appointment (G.S. 28A-15-1). This notice starts the statute of limitations for claims against the estate.

6. Transfer Vehicles

Take certified Letters of Administration and a death certificate to your county DMV office. Fill out Form MVR-1 (Title Application) and submit the original title. The DMV issues a new title in the heir’s name once transfer fees clear.

7. Transfer Bank Accounts

Contact each bank with certified Letters of Administration and a death certificate. Banks will freeze the account until they receive proper authority. Present the letters, fill out any bank forms, and they will release funds to the estate or distribute directly to heirs.

8. Handle the 401(k)

Review the plan’s beneficiary designation. If a valid beneficiary exists, the administrator pays that person directly. If not, or if the plan name defaults to the estate, submit certified Letters of Administration and the plan’s beneficiary forms. The administrator issues a check to the estate or to qualifying heirs.

9. Close the Estate

After settling debts and distributing assets, the PR files a final account with the court. The clerk reviews and then issues an order discharging the PR. The estate closes, completing the administration process (G.S. 28A-25-1).

Key Points to Remember

• Confirm whether small estate procedures apply under G.S. 28A-23.1.
• Identify heirs under G.S. 28A-2.
• File your petition under G.S. 28A-6.
• Obtain Letters of Administration: G.S. 28A-7-1.
• Notify creditors per G.S. 28A-15-1.
• Transfer vehicle titles at your county DMV using Form MVR-1.
• Provide banks with certified Letters of Administration and death certificate.
• Review 401(k) beneficiary designations; use Letters of Administration for estates.
• File a final accounting and petition for discharge (G.S. 28A-25-1).