Detailed Answer

Losing an original will complicates the transfer of a decedent’s vehicle, but North Carolina law provides clear paths. You have two main options: use a small estate affidavit or open a full estate proceeding to prove the lost will or handle intestacy.

1. Small Estate Affidavit (When Personal Property Is Under $20,000)

If the decedent’s total personal property (excluding real estate) is valued at $20,000 or less, you can use a Small Estate Affidavit to transfer the vehicle directly to the surviving parent. Under N.C.G.S. § 28A-25-2, an eligible heir or beneficiary may collect and distribute personal property without formal administration.

To use this option, you must:

• Obtain a certified copy of the death certificate.
• Complete the North Carolina DMV Small Estate Affidavit form (Form MVR-62SE).
• Provide any available copy of the title and the affidavit sworn before a notary.
• Submit the documents and pay title‐transfer fees at any NCDMV office.

The DMV will issue a new title in the surviving parent’s name once it verifies the paperwork.

2. Full Probate or Lost Will Petition (When Estate Exceeds $20,000 or Will Must Be Proven)

If the estate’s personal property exceeds $20,000 or the decedent clearly left a will, you must open a probate proceeding. Since the original will is missing, file a Petition for Probate of Lost or Destroyed Will under N.C.G.S. § 28A-2-1. In that petition, you will:

• Explain how the will was lost or destroyed.
• Provide a copy of the will or proof of its contents.
• Present two disinterested witnesses who can attest to the will’s validity.

Once the clerk admits the lost will and appoints a personal representative, the representative can transfer the vehicle title. The representative will deliver a certified copy of the appointment and the will (if required by the DMV) along with the title application.

If the will cannot be located and no valid copy exists, the estate may pass by intestacy. The surviving parent’s share depends on other heirs. The clerk will appoint an administrator who then issues a document to transfer the title to entitled heirs.

Key Statutes and Forms

• Small Estate Affidavit (N.C.G.S. § 28A-25-2): ncleg.gov/GS_28A-25-2
• Petition for Probate of Lost or Destroyed Will (N.C.G.S. § 28A-2-1): ncleg.gov/GS_28A-2-1
• Vehicle Title Transfer Requirements (N.C.G.S. § 20-46.2): ncleg.gov/GS_20-46.2

Steps to Transfer a Vehicle Title in North Carolina

1. Determine the total value of personal property to see if a small estate affidavit applies.
2. Collect documents: death certificate, title copy, will copy (if available).
3. If qualified, complete and notarize the Small Estate Affidavit (Form MVR-62SE).
4. Or, file a Petition for Probate of Lost or Destroyed Will with the clerk of court.
5. Obtain Letters Testamentary or Letters of Administration from the clerk.
6. Visit the NCDMV with your documents and pay transfer fees.
7. Receive a new title issued in the surviving parent’s name.