Short Answer

In North Carolina, beneficiaries can use one of two paths to assign an inherited vehicle interest: (1) an Affidavit of Authority to Assign Title (DMV Form MVR-317) under G.S. 20-77(b), signed by all heirs/devisees and certified by the Clerk of Superior Court; or (2) if the MVR-317 route does not fit, a Collection by Affidavit (AOC-E-203B) filed with the Clerk, which authorizes a collector to transfer the title. If a personal representative is or can be appointed, that person may sign the title directly.

Understanding the Problem

You’re in North Carolina, a beneficiary, and you want to retitle a car that passed to the children under a will after summary administration. The DMV wants estate authority documents but doesn’t have a specific inherited-vehicle form. One beneficiary holds the original title and lives in a different jurisdiction. The question is: how can beneficiaries legally assign their interests so DMV will issue a new title?

Apply the Law

North Carolina allows inherited vehicle transfers without full estate administration in limited situations. The main tools are: (a) a DMV affidavit for assignment of title when no administration is pending or expected and debts are addressed; or (b) a small-estate Collection by Affidavit that empowers an appointed “collector by affidavit” to obtain and transfer title. If a personal representative (PR) exists or is appointed, the PR can sign the title as seller and submit standard DMV title paperwork.

Key Requirements

• Eligibility for DMV assignment by affidavit (MVR-317): No probate/administration is pending or expected; all heirs/devisees sign; debts are paid or sale proceeds will pay them; and the Clerk certifies the affidavit.
• Affidavit contents for MVR-317: Decedent’s info; testate or intestate; debt status; list of all heirs/devisees with relationships; and the name/address of the transferee.
• Clerk certification: The Clerk of Superior Court must certify the MVR-317 before DMV will retitle based on it.
• Collection by Affidavit (AOC-E-203B): Available 30+ days after death if no PR is pending or appointed; filed with the Clerk in the decedent’s county; a certified copy lets the collector obtain “title and license to a motor vehicle” and transfer it to a named designee.
• Personal Representative option: If a PR is appointed (including a limited PR), the PR can endorse the title and submit DMV Form MVR-1 and any required odometer disclosure to transfer to a beneficiary or buyer.

What the Statutes Say

• North Carolina Gen. Stat. § 20-77(b) (Assignment of title at death) – DMV may transfer title on an affidavit signed by all heirs/devisees and certified by the Clerk when no administration is pending/expected and debts are addressed.
• North Carolina Gen. Stat. § 28A-25-1 (Collection by affidavit — intestate) – Authorizes small-estate collection by affidavit; presentation transfers title to personal property, including vehicles.
• North Carolina Gen. Stat. § 28A-25-1.1 (Collection by affidavit — testate) – Similar authority where the decedent died with a will.

Analysis

Apply the Rule to the Facts: Here, the will was handled through summary administration, and the vehicle passed to the children. Because DMV is asking for estate authority and there’s no dedicated “inherited car” form, start by evaluating MVR-317: if no administration is currently pending or expected and debts are handled, all beneficiaries can sign an Affidavit of Authority to Assign Title for Clerk certification and DMV retitling. If that does not fit given the prior proceeding, file a Collection by Affidavit (AOC‑E‑203B) so the collector can take title and assign it to the requesting child.

Process & Timing

1. Who files: All heirs/devisees (for MVR-317) or one eligible heir/devisee as affiant (for AOC‑E‑203B). Where: Clerk of Superior Court in the North Carolina county where the decedent was domiciled at death; DMV/License Plate Agency for issuance. What: MVR-317 (Affidavit of Authority to Assign Title) or AOC‑E‑203B (Affidavit for Collection of Personal Property); plus DMV MVR‑1 (Title Application) and proof of insurance. When: Collection by Affidavit is available after 30 days from death; Clerk certification and DMV processing times vary by county and office.
2. For MVR-317: Have every heir/devisee sign before a notary; submit to the Clerk for certification; then take the certified affidavit, original title (or MVR‑4 if lost), MVR‑1, and insurance/tax documents to DMV. Some DMVs require the original security-printed MVR‑317 form obtained from DMV.
3. For AOC‑E‑203B: File and obtain certified copies from the Clerk; present the certified affidavit to DMV to transfer title to the affiant or the named designee; complete MVR‑1 and any odometer statement (MVR‑180) if required.

Exceptions & Pitfalls

• All heirs/devisees must sign MVR‑317; missing signatures (including from out-of-state heirs) will block the transfer. A parent can sign for a minor child when appropriate.
• The Clerk must certify MVR‑317; without certification, DMV will not honor it. Expect the Clerk to verify family information before certifying.
• Liens still attach; an assignment does not extinguish any valid creditor’s lien on the vehicle.
• Use the original security-printed MVR‑317; photocopies are rejected. If the title is lost, use MVR‑4 to obtain/transfer a duplicate.
• Ensure MVR‑1 and insurance/property tax items are complete; older titles may require a separate odometer disclosure (MVR‑180).

Talk to a Probate Attorney

If you’re dealing with an inherited North Carolina vehicle and need DMV to retitle it, our firm has experienced attorneys who can help you understand your options and timelines. 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.