Short Answer

Yes. In North Carolina, the Affidavit of Authority to Assign Title requires you to list all heirs (and, if there is a will, all devisees), and all heirs generally must sign the affidavit before the Clerk of Superior Court will certify it. A surviving spouse may sign for minor or incompetent children if they have no guardian. If the vehicle title truly shows a right of survivorship, this affidavit is not required.

Understanding the Problem

You are a North Carolina surviving spouse asking whether you must list (and obtain signatures from) your children on the affidavit that lets you assign your late spouse’s vehicle title. The key decision point is whether the DMV affidavit process applies and, if so, whether every heir must be named and sign for the Clerk of Superior Court to certify the affidavit.

Apply the Law

North Carolina provides a no‑probate path to transfer a decedent’s vehicle using an Affidavit of Authority to Assign Title, which the Clerk of Superior Court certifies and the DMV accepts. The affidavit must identify all heirs (and devisees, if there is a will), state that no estate administration is pending, and confirm that estate debts are paid or proceeds will pay them. All heirs generally must sign; a surviving spouse can sign for minor or incompetent children who lack a guardian. If the vehicle was titled with a right of survivorship, the surviving co‑owner can usually retitle with a death certificate instead of using this affidavit.

Key Requirements

• Eligible situation: No estate administration is pending; the affidavit is used to assign a decedent’s vehicle without opening a full estate.
• Complete heir listing: You must list the names, ages, and relationships of all heirs (and devisees if a will exists).
• All heirs sign: Every heir generally must sign the affidavit; the surviving spouse may sign for minor or incompetent children if they have no guardian.
• Debt statement: Affidavit must state debts are paid or the vehicle proceeds will be used to pay them; liens are not wiped out by this transfer.
• Clerk certification: File the affidavit with the Clerk of Superior Court for certification, then submit to the NCDMV to transfer title.
• Survivorship check: If the title was issued with a right of survivorship, use the death certificate route instead of the affidavit.

What the Statutes Say

• N.C. Gen. Stat. § 20-77(b) (DMV transfer by affidavit) – Sets affidavit contents, heir signatures, and Clerk certification.
• N.C. Gen. Stat. § 20-52(a) (Vehicle title application) – Provides for a survivorship option on co‑owner titles.
• N.C. Gen. Stat. § 41-71(b) (Joint tenancy with survivorship) – Requires clear survivorship language to create a right of survivorship.
• N.C. Gen. Stat. § 28A-25-1 (Collection of personal property by affidavit) – Alternative small‑estate process that can transfer a vehicle after 30 days if value limits and conditions are met.

Analysis

Apply the Rule to the Facts: Because the vehicle was jointly titled without a clear survivorship right, your spouse’s share does not pass automatically. Using the DMV affidavit path, you must list all heirs and have them sign. Your overseas adult child counts as an heir, so their signature is required, but they do not need to appear in person if you coordinate acceptable execution and certification with the Clerk. If the original title actually shows survivorship, you can avoid the affidavit and transfer with a death certificate.

Process & Timing

1. Who files: The heirs (often led by the surviving spouse). Where: Clerk of Superior Court in the decedent’s county. What: DMV Affidavit of Authority to Assign Title (MVR‑317), plus death certificate and title; the form is issued by NCDMV. When: There is no fixed deadline, but the affidavit is only available when no estate administration is pending.
2. Obtain all required heir signatures and submit the affidavit to the Clerk for certification. Timeframes vary by county; ask the clerk about appointment and processing practices.
3. After certification, take the affidavit, original title, and required DMV documents/fees to NCDMV to retitle or assign the vehicle.

Exceptions & Pitfalls

• Survivorship titles: If the title shows a right of survivorship, the survivor usually retitles with a death certificate; the DMV affidavit and heir signatures are not needed.
• Missing or unwilling heir: If an adult heir cannot or will not sign, the Clerk may not certify. Consider small‑estate collection by affidavit (available 30 days after death and subject to value limits) or another limited procedure.
• Minors or incompetents: The surviving spouse can sign for minor or incompetent children without a guardian; if a guardian exists, follow the guardian’s authority.
• Creditor issues: The affidavit must state debts are paid or proceeds will pay them. Existing liens are not extinguished by assignment.
• Form accuracy: List every heir with correct ages/relationships. Omissions or errors can delay certification.

Talk to a Probate Attorney

If you’re dealing with a deceased owner’s vehicle title and unsure how to proceed or obtain required signatures, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to discuss your situation.

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.