How to Transfer Title of a Deceased Parent’s Travel Trailer in North Carolina Using a Small Estate Affidavit

Detailed Answer

When a parent passes away owning a travel trailer, you may avoid formal probate if their personal property totals $20,000 or less. North Carolina’s small estate affidavit process under G.S. 28A-19-31 lets heirs collect titled property without appointing a personal representative. Follow these steps to transfer title of a deceased parent’s travel trailer.

1. Determine Eligibility

Under North Carolina General Statute 28A-19-31, you qualify for a small estate affidavit if the decedent left no real estate requiring probate and the total value of personal property subject to administration does not exceed $20,000. Titled vehicles and trailers count toward this limit.

2. Complete the Small Estate Affidavit

You must draft an affidavit that includes:

• The decedent’s name, date of death, and county of residence.
• A statement that no application for appointment of a personal representative is pending or granted.
• The names and relationships of all heirs entitled to distribution.
• An itemized list of personal property and its fair market value—under the $20,000 threshold.

You can find a sample form through the Clerk of Superior Court’s office or reputable legal stationery sources. All heirs must sign before a notary public.

3. File the Affidavit with the Clerk of Superior Court

Submit the signed affidavit to the clerk in the county where your parent lived. The clerk will record it and return certified copies. North Carolina law requires a 10-day waiting period after filing.

4. Transfer Title at the DMV

After 10 days, take the following to your local North Carolina Division of Motor Vehicles:

• The original title (if available). If the title is lost, apply for a duplicate title first.
• The certified copy of the small estate affidavit.
• A completed title application (Form MVR-1).
• Payment for title transfer and registration fees.

The DMV issues a new title in the heir’s name under G.S. 20-71.2. Once you receive it, the transfer is complete.

Key Steps to Transfer Title With a Small Estate Affidavit

• Confirm the decedent’s personal property value does not exceed $20,000.
• Prepare the small estate affidavit per G.S. 28A-19-31.
• Obtain notary signatures from all heirs.
• File the affidavit with the Clerk of Superior Court and wait 10 days.
• Visit the DMV with certified affidavit, title documents, and fees.
• Receive a new certificate of title in your name.

Conclusion and Next Steps

Navigating the small estate process can save time and cost, but it requires attention to statutory detail. Pierce Law Group’s attorneys have guided countless families through these steps. If you need assistance drafting or filing your small estate affidavit or navigating title transfer at the DMV, contact us. Email intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.