Detailed Answer

North Carolina’s year’s allowance lets a surviving spouse set aside personal property, including motor vehicles, for support during the first year after a spouse’s death. To retitle and sell a deceased spouse’s car under this allowance, follow these steps:

1. Prepare and File a Petition for Year’s Allowance

Within one year of the decedent’s death, file a petition in the clerk of superior court’s office where the estate is administered. Your petition should:

• Identify the decedent by name and date of death.
• Describe each vehicle by year, make, model, and vehicle identification number (VIN).
• State that you claim the vehicles under the year’s allowance set by N.C.G.S. § 30-15.4.
• Attach a certified copy of the death certificate.

2. Obtain the Clerk’s Order

After you file, the clerk reviews your petition and issues an order setting aside the claimed vehicles. The order lists each vehicle you may take under the allowance.

3. Retitle the Vehicles at the DMV

Bring the following to any North Carolina Division of Motor Vehicles office:

• The certified clerk’s order under N.C.G.S. § 30-15.4.
• A certified copy of the death certificate.
• The original title(s) for the vehicle(s), if available.
• A completed Title Application (Form MVR-1).
• Payment for title, registration, and any applicable taxes.

The DMV issues a new certificate of title in your name. You may also check for any lien releases if the vehicle carried a loan balance.

4. Sell the Vehicles

After the DMV retitles each vehicle, you own it outright. To sell:

• Sign and deliver the title to the buyer.
• Provide a bill of sale showing the sale price and date.
• Submit a Notice of Sale (Form MVR-614) to the DMV within five days of the transaction.

The buyer then registers the vehicle in their name following standard transfer procedures under N.C.G.S. § 20-71.1.

Key Steps to Retitle and Sell Under the Year’s Allowance

• Confirm you qualify: Surviving spouse, within one year of death.
• File a petition for year’s allowance in the clerk’s office.
• Obtain the clerk’s order allocating the vehicle(s).
• Present the order, death certificate, and title application at the DMV.
• Get a new title in your name.
• Execute sale documents and notify the DMV of transfer.

Handling vehicle title transfers after a spouse’s death can feel complex. Pierce Law Group’s attorneys guide surviving spouses through probate allowances and DMV procedures every day. Contact us for personalized assistance—email intake@piercelaw.com or call (919) 341-7055.