How do I transfer a deceased parent’s trailer title in North Carolina using a Small Estate Affidavit?

1. Detailed Answer

When a parent passes away in North Carolina and leaves behind personal property valued under $20,000, you may avoid formal probate by using a Small Estate Affidavit under Article 11 of Chapter 28A of the North Carolina General Statutes. A trailer is considered personal property under state law, so you can transfer its title to yourself or other heirs using this streamlined process.

First, confirm the estate qualifies as a small estate. Under N.C. Gen. Stat. §28A-19-2, the value of all personal property must not exceed $20,000, and no real estate can be involved. Next, gather key documents: a certified death certificate, the decedent’s original trailer title (if available), and personal identification for each heir.

Prepare the Small Estate Affidavit form (often called Form 1 in county clerks’ offices). The affidavit must state under oath that:

• The decedent died more than ten days before signing.
• The total value of personal property does not exceed the statutory limit.
• You are entitled to the property as heir or distributee.

Each heir entitled to property must sign the affidavit in front of a notary. Once notarized, submit the following to your local North Carolina Division of Motor Vehicles (NCDMV) office:

• The completed Small Estate Affidavit.
• The original trailer title properly assigned to the distributee(s) or a completed Title Application (Form MVR-1) if the title is lost.
• A certified copy of the death certificate.
• A Highway Use Tax Exemption Certificate (Form MVR-61) if transferring between parent and child to avoid tax (see N.C. Gen. Stat. §105-187.4).
• Valid identification for the person applying.

Pay the required title and registration fees. If you qualify for the family exemption under N.C. Gen. Stat. §105-187.4, you pay no highway use tax when the transfer is between parents and children. Once processed, the NCDMV issues a new title in the heir’s name.

2. Key Steps to Transfer a Deceased Parent’s Trailer Title Using a Small Estate Affidavit

• Confirm the estate’s personal property value is under $20,000 (N.C. Gen. Stat. §28A-19-2).
• Obtain a certified death certificate.
• Gather the original trailer title or complete Form MVR-1 if it’s lost.
• Prepare and notarize the Small Estate Affidavit (Form 1) as required by N.C. Gen. Stat. §28A-19-1 (ncleg.gov).
• Complete a Highway Use Tax Exemption Certificate (Form MVR-61) for transfers between parent and child (N.C. Gen. Stat. §105-187.4, ncleg.gov).
• Submit all documents and identification to the NCDMV.
• Pay title and registration fees.
• Receive the new title in the heir’s name.

Conclusion and Next Steps

Transferring a deceased parent’s trailer title through a Small Estate Affidavit lets you avoid lengthy probate. By following each step and using the proper forms under North Carolina law, you secure the title quickly and efficiently.

If you have questions or need hands-on guidance, Pierce Law Group has experienced attorneys ready to help. Reach out today by emailing intake@piercelaw.com or calling (919) 341-7055.