How do I get a vehicle title properly transferred when I bought the car from an estate but the title wasn’t signed? – North Carolina

Short Answer

In North Carolina, a vehicle title transfer from an estate usually must be signed by the person with legal authority for the estate (typically the court-appointed personal representative) and that signature generally must be properly notarized. If the title was not signed (or was signed by the wrong person), the DMV license plate agency can refuse to register the vehicle until the estate provides the correct signature and supporting estate documents. The fix is usually to have the personal representative re-execute the title correctly (or, in limited situations, use an heirs’ affidavit process when no administration is pending).

Understanding the Problem

In North Carolina probate, the key question is: can a buyer register and retitle a vehicle purchased from a decedent’s estate when the certificate of title was not signed by the person authorized to act for the estate. This situation usually comes up when a relative handled the sale informally, but the motor vehicle office requires proof that the signer had authority to sell estate property. The decision point is whether the estate has a properly authorized person who can sign (or whether the estate must use a limited affidavit-based route when no personal representative is in place).

Apply the Law

North Carolina treats a vehicle title transfer as a formal transaction. For a standard transfer, the “owner” must execute the assignment on the certificate of title in the required manner, and title generally does not pass until that assignment is properly executed and the vehicle is delivered. When the owner has died, the DMV can require “documents of authority” showing who can act for the estate (for example, Letters Testamentary or Letters of Administration) and may allow certain inheritance-related transfers by affidavit in narrow situations.

Key Requirements

Proper signer (estate authority): The title must be signed by the court-appointed personal representative (executor/administrator) or another person the DMV will accept under an inheritance/operation-of-law process.
Proper execution (notarization/format): The assignment on the back of the title generally must be executed in the required manner, which commonly includes notarization for private transfers.
Supporting estate paperwork: The DMV commonly requires proof of death and proof of the signer’s authority (and, depending on the situation, additional forms such as an odometer disclosure or title application).

What the Statutes Say

N.C. Gen. Stat. § 20-72 (Transfer by owner) – Requires the title assignment to be properly executed for a voluntary transfer; title generally does not pass until the assignment is executed and the vehicle is delivered.
N.C. Gen. Stat. § 20-77 (Transfer by operation of law) – Allows DMV to issue a new title when ownership passes by operation of law (including certain inheritance situations) upon proper application and supporting authority documents; also describes a limited affidavit route in certain no-administration situations.

Analysis

Apply the Rule to the Facts: Here, the motor vehicle office refused registration because the title was not properly signed by the person authorized for the estate. That maps directly to the “proper signer” and “proper execution” requirements: a relative’s signature (or an unsigned title) usually is not enough unless that person is the court-appointed personal representative or the transfer fits a narrow affidavit-based inheritance process. The practical solution is to get the estate’s authorized representative to re-sign the title correctly and provide the supporting estate documents the DMV expects.

Process & Timing

Who fixes the signature issue: Usually the estate’s court-appointed personal representative (executor/administrator). Where: A North Carolina DMV license plate agency (or, in some cases, DMV headquarters processing). What: A correctly executed certificate of title signed by the personal representative as seller, plus supporting estate documents (commonly a certified death certificate and certified Letters Testamentary/Letters of Administration) and a title application if the title does not include an application section. When: As soon as the problem is discovered, because registration cannot be completed until the paperwork is corrected.
Complete buyer-side paperwork: The buyer typically completes the title application information and must be ready to show proof of insurance; the DMV may also require an odometer disclosure form depending on the title’s format/year.
Submit and receive new title/registration: After acceptance, the DMV processes the transfer and issues a new title in the buyer’s name and registration/plate as applicable. Processing time can vary by office and whether the packet is complete.

Exceptions & Pitfalls

Wrong person signed: A family member may have handled the sale, but the DMV typically wants the personal representative’s signature (or a qualifying affidavit process). If no one has authority yet, the estate may need to open an estate to appoint a personal representative before the title can be signed correctly.
Affidavit route is limited: North Carolina law allows certain inheritance-related transfers by affidavit in narrow situations when no administration is pending or expected and the statutory conditions are met. This is not a universal workaround for every estate sale, and the DMV may require all heirs to participate and the affidavit to be properly executed.
Missing supporting documents: Even with a correct signature, the DMV may reject the packet without certified Letters (showing authority) and a certified death certificate.
Odometer disclosure issues: Some transfers require a separate odometer disclosure form depending on the title format/year; missing this can stall the transfer.
Title application problems: Some titles do not include an application section; in that case, a separate title application form is typically needed, and it must match the name/address exactly as the buyer wants the new title issued.

For more background on probate options that sometimes come up when the main goal is retitling a vehicle, see a simplified small-estate option just to retitle a vehicle.

Conclusion

In North Carolina, a vehicle bought from an estate usually cannot be registered until the certificate of title is properly assigned by the person with legal authority for the estate, typically the court-appointed personal representative, and supported by the estate documents the DMV requires. When the title was not signed (or was signed by the wrong person), the usual next step is to have the personal representative re-execute the title correctly and submit it with certified proof of authority and death documentation to the DMV license plate agency as soon as possible.

Talk to a Probate Attorney

If a vehicle was purchased from an estate but the DMV rejected the transfer because the title was not signed by the authorized estate representative, our firm has experienced attorneys who can help identify the correct probate path and paperwork to get the title properly transferred. 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.