Detailed Answer

When a vehicle owner dies in North Carolina, you can avoid formal probate of small estates by using an Affidavit for Collection of Personal Property under N.C. Gen. Stat. § 28A-19-13 (view statute). This process lets a surviving spouse, heir, or beneficiary collect personal property—such as a car—without opening a full estate proceeding, provided the total value of the decedent’s personal property does not exceed $20,000.

Follow these steps:

1. Confirm Eligibility: Under N.C.G.S. § 28A-19-13, the total personal property value—including vehicles—must be $20,000 or less. Real estate does not qualify.
2. Gather Required Documents:
   • Certified death certificate of the decedent
   • Original vehicle title
   • Completed Affidavit for Collection of Personal Property
   • Odometer disclosure statement (if the vehicle is under 10 years old)
   • Lien release (if a lien existed)
   • Copy of a valid will (if one exists)
3. Complete the Affidavit: The affidavit must include the decedent’s name, date of death, a description of the vehicle, its fair market value, and the affiant’s relationship to the decedent. Sign and notarize under oath.
4. Submit to NCDMV: Take the affidavit, title, death certificate, supporting forms, and any lien releases to a North Carolina Division of Motor Vehicles office. Pay the title transfer fee and Highway Use Tax.
5. Receive New Title: The DMV issues a new title in the name of the surviving owner or heir. Processing usually takes two to three weeks.

If the estate’s total personal property exceeds $20,000 or includes real property, you must open a formal probate estate. For more information on formal probate, see N.C. Gen. Stat. § 28A-12 (view statute).

Key Steps and Considerations

• Verify small estate status under N.C.G.S. § 28A-19-13.
• Obtain a certified copy of the death certificate.
• Collect the original vehicle title and any lien releases.
• Fill out and notarize the Affidavit for Collection form.
• Submit documents to NCDMV and pay all applicable fees.
• Keep copies of everything for your records.