Aug262025
Probate Q&A Series

How do I clear my deceased ex’s name from a co-signed car title so I can take ownership? – North Carolina

Short Answer

In North Carolina, the path depends on how the car was titled. If the title shows a joint tenancy with right of survivorship (often marked JTWROS), you usually take full ownership by submitting a death certificate and a title application to the NCDMV. If there is no survivorship, the deceased co-owner’s share is part of the estate, and you’ll need either the personal representative to sign the title or a clerk-certified affidavit (under G.S. 20-77(b)) to assign the decedent’s interest to you.

Understanding the Problem

You want to remove a deceased ex-spouse’s name from a jointly titled North Carolina vehicle so you can hold title alone. The decision point is whether the title includes survivorship. Your role: surviving co-owner. Action: retitle at the NCDMV or, if needed, use a court-approved assignment. Trigger: the co-owner’s death; timing matters because a surviving spouse’s year’s allowance has been filed in the estate.

Apply the Law

Under North Carolina law, co-owned motor vehicles can be titled with or without a right of survivorship. If the title clearly shows joint tenancy with right of survivorship, the survivor becomes the sole owner on death and can retitle at the NCDMV with a death certificate. If there is no survivorship, the decedent’s share belongs to the estate. You then proceed either through the estate’s personal representative, a small-estate collection by affidavit when eligible, or an affidavit of authority to assign title certified by the Clerk of Superior Court. The main forums are the NCDMV for retitling, and the Clerk of Superior Court (estate file) when using affidavits or a personal representative. Key timing triggers include a 30-day wait after death for small-estate collection by affidavit and up to one year for a spouse or eligible children to claim a year’s allowance.

Key Requirements

  • Confirm survivorship on the title: If the title shows JTWROS or similar survivorship language, you can retitle directly at the NCDMV with a death certificate.
  • If no survivorship, get estate authority: The deceased co-owner’s interest must be transferred by the estate’s personal representative or via a clerk-certified affidavit under G.S. 20-77(b).
  • Affidavit contents and signatures: For a G.S. 20-77(b) assignment, an affidavit must state key facts (death, will/no will, status of administration, debts) and be signed by all heirs; the Clerk of Superior Court certifies it.
  • Small-estate option (when eligible): If total personal property (less liens) is within statutory limits, a collector by affidavit can be appointed 30 days after death to transfer the vehicle.
  • Liens remain: Retitling or an assignment does not remove any existing lien; you must satisfy or obtain lienholder approval as required by NCDMV.
  • Watch the year’s allowance: A surviving spouse’s year’s allowance can include a vehicle when there is no survivorship, which can affect who may sign or receive title.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because a year’s allowance was filed in the estate, if the car was not titled with survivorship, the decedent’s share is an estate asset and may be affected by that allowance. If the title shows survivorship, you can retitle at the NCDMV with a death certificate despite the estate filings. If there is no survivorship and no personal representative is acting, you can pursue a clerk-certified affidavit under G.S. 20-77(b) signed by all heirs to assign the decedent’s interest to you.

Process & Timing

  1. Who files: You (surviving co-owner). Where: N.C. Division of Motor Vehicles (title office or license plate agency). What: If the title shows JTWROS, bring the original title (if available), a certified death certificate, and the NCDMV title application. When: As soon as you have the death certificate.
  2. If no survivorship: Who: Either the estate’s personal representative signs the title to you, or you use an Affidavit of Authority to Assign Title (DMV Form MVR‑317) signed by all heirs and certified by the Clerk of Superior Court in the decedent’s county. Where: Clerk of Superior Court (for certification), then NCDMV. What: MVR‑317 affidavit; proof of identity; original title if available. When: When no administration is pending; small‑estate collection by affidavit, if used, is available 30 days after death.
  3. Finalize with NCDMV: Submit your signed documents, pay title fees, and address any liens or odometer disclosures. Expect processing by the NCDMV and issuance of a new title in your name.

Exceptions & Pitfalls

  • If the title lacks survivorship, a death certificate alone will not let the NCDMV remove the decedent’s name.
  • For a G.S. 20‑77(b) assignment, all heirs must sign the affidavit; missing or unreachable heirs can require opening a formal estate instead.
  • If the surviving spouse’s year’s allowance included the decedent’s share of the vehicle, that allowance must be addressed before you can receive title.
  • Outstanding liens stay on the title; coordinate with the lienholder for releases or payoff as required by NCDMV.
  • Even if a limited personal representative is appointed just to give creditor notice, you may still use the clerk‑certified vehicle assignment process.

Conclusion

In North Carolina, clearing a deceased ex’s name turns on survivorship. If the title shows JTWROS, you can retitle with the NCDMV using a death certificate. Without survivorship, the decedent’s share passes through the estate, and you need either the personal representative’s signature or a clerk‑certified G.S. 20‑77(b) affidavit assigning that interest to you. Next step: confirm whether the title lists survivorship; if not, request a clerk‑certified assignment—small‑estate affidavits are available 30 days after death.

Talk to a Probate Attorney

If you’re dealing with a deceased co‑owner on a North Carolina vehicle title and an estate year’s allowance, our firm can help you choose the cleanest path and timing to retitle. Call us today to discuss your options.

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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.