How to Transfer a Vehicle Using a Small Estate Affidavit in North Carolina
1. Detailed Answer
When a loved one passes away in North Carolina, you may need to transfer their vehicle into your name or to another heir. If the entire estate’s personal property is worth $20,000 or less, you can use a small estate affidavit instead of opening a formal probate. This process moves the title without the time and expense of full administration.
Eligibility for a Small Estate Affidavit
- The total value of all personal property must not exceed $20,000.
- No outstanding debts or mortgages exist on the vehicle that exceed its value.
- At least 10 days have passed since the date of death. The affidavit expires one year after that date. (See N.C.G.S. § 28A-15-6.)
Step 1: Gather Required Documents
- Certified copy of the decedent’s death certificate.
- Vehicle title or, if lost, a statement of lost title from the DMV.
- A completed small estate affidavit form, sworn and notarized.
- A completed Title Application (Form MVR-1) for the transferee.
- Odometer disclosure statement, if the vehicle is less than 10 years old.
Step 2: Complete the Small Estate Affidavit
The affidavit must include:
- The decedent’s full name, address, and date of death.
- Your name, address, and relationship to the decedent.
- A description of the vehicle by year, make, model, and VIN.
- A statement that the estate meets the small estate criteria.
- Notarized signature of the affiant (the person making the claim).
Step 3: Submit to the North Carolina DMV
Take the following to your local DMV office:
- Original certified death certificate.
- Notarized small estate affidavit.
- Completed Title Application (Form MVR-1).
- Lien release, if applicable.
- Appropriate title fee and tag fee.
The DMV will review your documents. If everything is in order, they will issue a new title in your name or in the heir’s name.
2. Key Points to Remember
- Use a small estate affidavit only when the total personal property does not exceed $20,000 (N.C.G.S. § 28A-15-6).
- You must wait at least 10 days after death before filing.
- File within one year of the decedent’s death.
- You cannot use this process for real estate or if the estate has large debts.
- Always check for outstanding liens on the vehicle.
Contact Pierce Law Group for Help
Transferring a vehicle under North Carolina’s small estate rules can save time and money. If you have questions or need assistance preparing affidavits and DMV forms, our attorneys at Pierce Law Group stand ready to help. Contact us today to protect your rights and ensure a smooth transfer:
Email: intake@piercelaw.com
Phone: (919) 341-7055
