How do I title a vehicle omitted from my deceased parent’s probate estate in North Carolina?

Detailed Answer

Losing a parent is difficult, and handling probate matters can add stress. If a vehicle didn’t make it into your parent’s probate inventory, North Carolina law gives you a clear path to transfer the title correctly—whether the estate is still open or already closed.

1. If the Estate Is Still Open

When the personal representative (executor or administrator) discovers a vehicle after filing the original inventory, North Carolina General Statutes allow an amendment:

• File an Amendment to Inventory with the clerk of superior court under G.S. 28A-21-2(c). (ncleg.gov/GS_28A-21-2)
• Describe the vehicle (make, model, year, VIN) and assign its fair market value at the date of death.
• Serve notice on heirs or beneficiaries so they know the estate assets changed.
• The clerk issues an updated order allowing distribution of the newly listed vehicle to whoever inherits under your parent’s will or under North Carolina’s intestacy rules in Chapter 29 of the General Statutes.

2. If the Estate Has Closed or No Administration Exists

You can’t amend an inventory when the estate clerk has discharged the estate. You have two main options:

1. Reopen the Estate under G.S. 28A-13-1. Petition the clerk of superior court to reopen probate and include omitted assets. (ncleg.gov/GS_28A-13-1)
2. Small Estate Affidavit (if total estate ≤ $20,000). If your parent’s entire personal property (including the vehicle) is worth $20,000 or less, heirs may file a small estate affidavit under G.S. 29-31 and collect assets without formal probate. Then each heir receives property according to intestacy. (ncleg.gov/GS_29-31)

3. Transfer Title at the North Carolina DMV

Once you have a court order or valid affidavit:

• Complete DMV Form MVR-605, “Affidavit for Transfer of Motor Vehicle.”
• Provide a certified copy of the death certificate.
• Show the court’s order reopening probate or approving the small estate affidavit.
• Pay title transfer and registration fees at any NC DMV office.

Under G.S. 20-71.2, the DMV accepts this affidavit in place of a title if you lost the title or it never issued one. (ncleg.gov/GS_20-71.2)

Quick Checklist: Titling a Vehicle Omitted from Probate

1. Determine whether probation is open or closed.
2. If open, amend the inventory under G.S. 28A-21-2(c).
3. If closed:
   • Reopen under G.S. 28A-13-1, or
   • Use a small estate affidavit under G.S. 29-31 if eligible.
4. Obtain certified death certificate and court order or affidavit.
5. Complete and sign DMV Form MVR-605.
6. Visit NC DMV, submit documents, and pay fees.
7. Receive new title in your name or as directed by probate order.

Need Help Titling an Omitted Vehicle?

Handling probate tasks can overwhelm anyone. At Pierce Law Group, our attorneys guide you through every step, from reopening probate to securing your new vehicle title. Reach out today to schedule a consultation:

• Email: intake@piercelaw.com
• Call: (919) 341-7055

Let us help you wrap up estate matters and put this chapter behind you.