How to Transfer a Vehicle Title in Your Deceased Spouse’s or Parent’s Name in North Carolina
1. Detailed Answer
Losing a loved one brings both emotional and practical challenges. One common question is how to transfer the title of a vehicle that was owned by your deceased spouse or parent. In North Carolina, the process varies based on whether you are the appointed personal representative or if you qualify to use a small estate affidavit under G.S. 28A-19-1. Below is a step-by-step guide to help you navigate the transfer.
Step 1: Determine Your Role
If the decedent’s estate is formally opened in probate and you serve as the personal representative, you must use your Letters Testamentary or Letters of Administration to transfer the vehicle title. If no formal probate occurs and the estate’s total personal property does not exceed $20,000, a surviving spouse or heir may use a small estate affidavit under North Carolina General Statutes § 28A-19-1.
Step 2: Gather Required Documents
- Certified death certificate of the decedent
- Original vehicle title signed by the personal representative or by the surviving spouse/heir under oath
- Letters Testamentary or Letters of Administration (if probated)
- Small estate affidavit, if using G.S. 28A-19-1 (ncleg.gov/GS_28A-19-1)
- Completed Title Application (Form MVR-1) from the North Carolina Division of Motor Vehicles
- Lien release or payoff documentation, if the vehicle carried a lien
Step 3: Use the Small Estate Affidavit (If Eligible)
Under G.S. 28A-19-1, a small estate affidavit allows a surviving spouse or next-of-kin to collect personal property, including vehicles, when the estate’s total does not exceed $20,000. You must:
- Prepare an affidavit listing all heirs and the estate’s value.
- Have the affidavit notarized.
- Attach it to your Title Application (MVR-1).
Step 4: Apply at Your Local DMV Office
Visit a North Carolina DMV office with all documents and pay the required title transfer fee. The DMV will issue a new title in your name or in the name of the estate. If you serve as personal representative, the title will reference your authority under your Letters.
Step 5: Update Registration and Insurance
Once the new title is issued, register the vehicle in your name. Notify your insurance company to add the vehicle to your policy. Failure to update registration and insurance can result in penalties or coverage gaps.
2. Quick Reference Checklist
- Identify if you qualify as personal representative or under small estate affidavit (G.S. 28A-19-1).
- Obtain a certified death certificate.
- Secure original title and complete Form MVR-1.
- Gather Letters Testamentary/Letters of Administration or small estate affidavit.
- Visit the DMV with supporting documents and pay transfer fees.
Need Help With Your Vehicle Title Transfer?
Transferring a vehicle title after a loved one’s passing involves detailed paperwork and strict deadlines. Pierce Law Group’s attorneys have guided many families through North Carolina’s probate requirements. Let us handle the legal steps so you can focus on what matters most.
Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055. We offer clear guidance and personalized support for your probate needs.
