Removing a Deceased Owner’s Name From a North Carolina Vehicle Title

Detailed Answer

Under North Carolina law, the paperwork you need depends on whether a formal probate estate has been opened for the decedent.

1. When a Probate Estate Has Been Opened

• Original Certificate of Title – signed by the personal representative (PR) in the seller section.
• Letters Testamentary or Letters of Administration – issued by the clerk of court (N.C.G.S. Chapter 28A). These documents show the PR’s authority.
• MVR-4 (Notice of Transfer of a Vehicle) – lists buyer, seller, and lien information.
• MVR-180 Odometer Disclosure Statement – required if the vehicle is less than 10 years old.
• Release of Lien – if a lender is listed on the title.
• North Carolina Damage Disclosure Statement – if the vehicle is 5 years old or newer.
• Fee payment – $56 title fee plus any highway-use tax, plate, and registration fees.

Deliver the package to any NCDMV license plate agency or mail it to:

NC Division of Motor Vehicles
Vehicle Titles/Liens Unit
3148 Mail Service Center
Raleigh, NC 27697-3148

2. When No Probate Estate Is Opened (Small-Estate Affidavit)

If the personal property in the estate (including the car) is worth no more than $20,000 (or $30,000 if the surviving spouse is sole heir), North Carolina allows title transfer by affidavit under N.C.G.S. § 20-72.1.

• Form MVR-317 (Affidavit of Authority to Transfer Title Without Probate) – fully completed and notarized.
• Certified copy of the decedent’s death certificate.
• Original Certificate of Title – signed by the affiant in the seller section.
• MVR-180 Odometer Disclosure Statement (if applicable).
• Damage Disclosure Statement (if applicable).
• Release of Lien – if a lienholder appears on the title.
• Fee payment – same fees as above.

The affiant must wait at least 30 days after the owner’s death before using MVR-317 and must certify that no application for personal representative has been filed.

3. Special Situations

• Joint Names With “OR” – If the title lists owners as “A OR B,” the survivor can sign alone with a death certificate.
• Joint Names With “AND” – The steps in Section 1 or 2 apply; the survivor cannot act alone.
• Out-of-State Heirs – All forms must be notarized; submit by mail if you cannot visit an agency.

Helpful Hints

• Use blue or black ink only; DMV rejects forms in other colors.
• Double-check the VIN on every form to avoid delays.
• Attach a photocopy of government ID for every signer.
• Have two checks ready: one for the title fee and one blank check for taxes/plates if needed.
• Request certified death certificates at the funeral home; DMV will keep the original.
• If you are unsure whether probate is necessary, consult a probate attorney before filing.

Need help? Transferring a vehicle after a loved one’s death can feel overwhelming. Our North Carolina probate team guides families through every DMV and court requirement. Call us today at (919) 341-7055 for a compassionate, no-obligation consultation.