Short Answer

In North Carolina, ask the Clerk of Superior Court to assign the vehicle to the surviving spouse as part of the spouse’s $60,000 year’s allowance. Once the clerk signs the Application and Assignment of Year’s Allowance (AOC-E-100) listing the car, take a certified copy of that order, the original title, and a death certificate to the DMV to retitle the vehicle. If a personal representative has already been appointed, the spouse must apply within six months after letters are issued.

Understanding the Problem

You want to transfer a North Carolina vehicle that is titled only in your deceased parent’s name to the surviving spouse without opening a full estate. In North Carolina probate, the narrow question is: can the surviving spouse get the car through a year’s allowance, and if so, what do you file with the Clerk of Superior Court and then take to the DMV? Here, no probate has been opened.

Apply the Law

North Carolina law allows the surviving spouse to claim a statutory year’s allowance from the decedent’s personal property, up to $60,000, without opening a full estate. The application is filed with the Clerk of Superior Court in the county where the decedent resided. The clerk can specifically assign a motor vehicle as part of that allowance and will issue a signed, certified list/order that functions as evidence of the spouse’s right to the vehicle for DMV purposes. Timing rules depend on whether an estate has been opened and the decedent’s date of death.

Key Requirements

• Eligible spouse and amount: A surviving spouse may claim up to $60,000 of the decedent’s personal property as a year’s allowance.
• Where to file: File an Application and Assignment of Year’s Allowance (AOC-E-100) with the Clerk of Superior Court in the decedent’s county of residence.
• Timing: If a personal representative has been appointed, the spouse must apply within six months after letters issue; for certain earlier deaths, applications were due within one year of death. Procedures and deadlines can depend on date of death.
• Specific assignment of the car: Ask the clerk to assign the vehicle by make/model/VIN to the spouse within the allowance; the clerk’s certified order is used to transfer title.
• DMV documentation: Take a certified copy of the clerk’s assignment, the original title, a death certificate, proof of insurance, and DMV title/odometer forms and fees to the DMV or license plate agency.
• Liens and taxes: Any recorded lien needs a lien release; the DMV will require odometer disclosure and property tax compliance before issuing new title and tags.

What the Statutes Say

• North Carolina Gen. Stat. § 30-15 (Spousal year’s allowance) – Allows a surviving spouse to claim a year’s allowance from the decedent’s personal property.
• North Carolina Gen. Stat. § 30-20 (Clerk’s assignment) – The clerk determines entitlement and assigns specific personal property to satisfy the allowance.
• North Carolina Gen. Stat. § 20-77(b) (Vehicle title transfer upon death) – DMV must transfer title upon receipt of letters or a clerk’s certificate assigning a vehicle as part of a spouse’s allowance; provides an alternate affidavit method when no allowance or administration is used.

Analysis

Apply the Rule to the Facts: No estate is open, the car is solely in the decedent’s name, and the surviving spouse qualifies for a year’s allowance. The most direct path is to file AOC-E-100 with the Clerk of Superior Court in the decedent’s county and request assignment of the specific vehicle to the spouse. With the clerk’s certified assignment, the original title, and a death certificate, the spouse can retitle at DMV. A financial power of attorney ends at death and cannot be used to sign for the decedent.

Process & Timing

1. Who files: Surviving spouse (or their attorney). Where: Clerk of Superior Court in the decedent’s county of residence (North Carolina). What: Application and Assignment of Year’s Allowance (AOC‑E‑100), listing the vehicle by make/model/VIN and requesting assignment to the spouse. When: If a personal representative has been appointed, file within six months after letters issue; for certain earlier deaths, applications were due within one year of death.
2. Clerk’s assignment: The clerk reviews the application, confirms eligibility and available personal property, and assigns the vehicle to the spouse within the $60,000 allowance. Ask for multiple certified copies of the signed assignment for DMV and your records. This can occur the same day or within several business days, depending on county practice.
3. DMV title transfer: At a DMV license plate agency, present: (a) certified clerk’s assignment showing the car, (b) original title, (c) certified death certificate, (d) proof of insurance, (e) required DMV forms (including title application and odometer disclosure), and (f) fees/taxes. If a lien appears on the title, bring a lien release. DMV issues a new title in the spouse’s name.

Exceptions & Pitfalls

• Power of attorney ends at death: A financial POA cannot be used to sign the decedent’s name on the title after death.
• Liens survive: A recorded lien on the vehicle is not wiped out by the allowance; obtain a lien release or ensure the transferee assumes the lien per lender requirements.
• Alternate path if no allowance: If the clerk does not assign the vehicle under the allowance, DMV can accept a statutory affidavit signed by all heirs under § 20‑77(b); check DMV’s current form and instructions.
• Joint ownership exceptions: If the title shows joint tenancy with right of survivorship or a mobile home owned by spouses as tenants by the entirety, the survivor may retitle with a death certificate without using the allowance.
• Notice to PR: If a personal representative exists, deliver a copy of the allowance application to the PR; missing this can create delay.

Talk to a Probate Attorney

If you’re dealing with transferring a deceased parent’s vehicle to a surviving spouse, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

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.