How can a surviving spouse remove and retitle a deceased spouse’s vehicles under North Carolina’s year’s allowance?

Detailed Answer

North Carolina law lets a surviving spouse claim a year’s allowance of personal property from a deceased spouse’s estate. Under N.C. Gen. Stat. § 30-15, a spouse may take up to $30,000 in personal property, including motor vehicles, outside formal probate within one year of the decedent’s death. This approach speeds up vehicle transfer and avoids probate delays.

To use the year’s allowance for a vehicle, follow these key principles:

• Election Timing: File your written election for the year’s allowance in the clerk of superior court’s office in the county where the decedent lived. You must act within one year of death.
• Affected Property: Motor vehicles qualify as personal property. The fair market value of each vehicle counts against the $30,000 limit.
• Title Transfer Process: After election, take the following documents to the North Carolina Division of Motor Vehicles (DMV): certified copy of the death certificate, the original vehicle title, a completed Year’s Allowance Affidavit (Form MVR-628), and a DMV application for title. You also must show valid photo ID.
• Statutory Authority for Titles: The DMV issues a new title under N.C. Gen. Stat. § 20-71. Submit your paperwork and pay the standard title transfer fee. The DMV will list you as sole owner.
• Impact on Probate Estate: Any vehicle taken under the year’s allowance gets credited against your statutory share but stays outside estate administration. You need not wait for letters testamentary or administration.

By making the year’s allowance election, you simplify the retitling process. You avoid court-appointed involvement and speed ownership transfer. Ensure you value vehicles accurately and track amounts against the $30,000 limit.

Checklist for Surviving Spouse Vehicle Transfer under Year’s Allowance

• Confirm the decedent’s date of death to meet the one-year deadline.
• Calculate total vehicle values to stay within the $30,000 cap.
• File a written year’s allowance election with the clerk of superior court (N.C. Gen. Stat. § 30-15).
• Obtain a certified death certificate from the Register of Deeds.
• Complete the DMV Year’s Allowance Affidavit (Form MVR-628).
• Gather original vehicle title(s) and valid photo ID.
• Submit documents and fees at your local DMV office, referencing N.C. Gen. Stat. § 20-71.
• Retain copies of all filings and new title certificates for your records.
• Consult an attorney if any title documents list a lien or co-owner.

Claiming a year’s allowance can streamline vehicle transfer for a surviving spouse. If you face questions about deadlines, valuations, or DMV requirements, contact Pierce Law Group. Our attorneys guide you through the process and protect your interests. Email us at intake@piercelaw.com or call (919) 341-7055 today.