Probate Q&A Series

How can I use a small estate affidavit to transfer my father’s car title in North Carolina?

Detailed Answer

When a loved one passes away owning a vehicle and the entire estate qualifies as a small estate, you can avoid formal probate by using a small estate affidavit. In North Carolina, a small estate affidavit streamlines the transfer of personal property worth up to $20,000, excluding exempt homestead property. You follow a clear statutory process under N.C. Gen. Stat. § 28A-19-1 and § 28A-19-2.

First, confirm the total value of your father’s personal assets in North Carolina does not exceed $20,000. Include bank accounts, vehicles and other personal items. Exclude the homestead allowance under N.C. Gen. Stat. § 28A-21. If the estate value qualifies, prepare the affidavit at least ten days after the date of death.

The affidavit must list all heirs, describe the vehicle (year, make, model, VIN), state the estate’s total value and declare that the estate meets the small estate requirements. You sign the affidavit in front of a notary public. You do not need to file the affidavit with the clerk’s office unless another party objects.

Next, gather supporting documents before visiting the DMV:

  • Original vehicle title showing your father as owner
    DMV Title Services
  • Certified copy of the death certificate
  • Small estate affidavit, notarized
  • Odometer Disclosure Statement (Form MVR-619) if the vehicle is under 10 years old
  • Title Application (Form MVR-1)
  • Required title transfer fee and registration fees

At your DMV visit, present all documents. The DMV will process the transfer and issue a new title in your name or in the names of the heirs. This procedure avoids the delays and costs of a full probate estate.

Key Steps to Transfer a Vehicle Using a Small Estate Affidavit

  • Verify the estate’s personal property value does not exceed $20,000 (N.C. Gen. Stat. § 28A-19-1). Link: ncleg.gov/GS_28A-19-1
  • Wait at least ten days after the date of death before completing the affidavit (N.C. Gen. Stat. § 28A-19-2). Link: ncleg.gov/GS_28A-19-2
  • Prepare and notarize the small estate affidavit, listing heirs and estate value
  • Collect the vehicle title, death certificate and DMV forms (MVR-1, MVR-619)
  • Pay transfer and registration fees at the North Carolina DMV
  • Receive the new vehicle title in your name or the heirs’ names

Call to Action

If you need help preparing a small estate affidavit or transferring your father’s car title, our experienced probate attorneys at Pierce Law Group can guide you through each step. Contact us today at intake@piercelaw.com or call (919) 341-7055. Let us help you handle your loved one’s estate smoothly and efficiently.