Short Answer

In North Carolina, the surviving spouse files an Application and Assignment of Year’s Allowance (AOC‑E‑100) with the Clerk of Superior Court in the decedent’s county. The clerk can assign up to $60,000 of the decedent’s personal property (like a vehicle) to the spouse and issues certified copies you take to the DMV to retitle the car. If a personal representative has been appointed, the spouse must file within six months after letters are issued.

Understanding the Problem

You want to know how, in North Carolina probate, the surviving spouse can quickly obtain a year’s allowance through the Clerk of Superior Court so a vehicle titled only in the decedent’s name can be transferred. No estate has been opened, and the goal is to secure the clerk’s order needed before going to the DMV.

Apply the Law

North Carolina allows a surviving spouse to claim a statutory year’s allowance from the decedent’s personal property. A motor vehicle is personal property and may be assigned as part of the allowance. The application is filed with the Clerk of Superior Court in the county where venue is proper for the estate. If a personal representative (PR) is later appointed, the spouse must file the application within six months after letters are issued. The clerk may assign the property and provide certified copies of the assignment for use with third parties, including the DMV.

Key Requirements

• Eligible spouse: The applicant must be the decedent’s surviving spouse and not disqualified by waiver or forfeiture.
• Proper filing: File AOC‑E‑100 with the Clerk of Superior Court in the decedent’s county; include the vehicle as property to be assigned.
• Timing: Generally available after death; if a PR has been appointed, the application must be filed within six months after letters are issued.
• Proof and valuation: Provide death certificate, proof of marriage/identity, the original title, and basic value information for the vehicle.
• Clerk’s assignment: The clerk assigns specific personal property up to the statutory amount and issues certified copies to transfer title.

What the Statutes Say

• N.C. Gen. Stat. § 30-15 (Spousal year’s allowance) – Establishes a spouse’s right to an allowance from personal property.
• N.C. Gen. Stat. § 30-20 (Clerk’s role in assigning allowance) – Clerk may determine and assign the allowance.
• N.C. Gen. Stat. § 20-77(b) (DMV transfer upon allowance) – DMV transfers title upon a certified clerk’s assignment or, in limited cases, by affidavit.

Analysis

Apply the Rule to the Facts: Because the vehicle is solely in the decedent’s name and no probate is open, the surviving spouse can file AOC‑E‑100 with the Clerk of Superior Court listing the vehicle to be assigned as part of the year’s allowance. Once the clerk issues the assignment and provides certified copies, the spouse uses a certified copy, along with the original title and DMV paperwork, to retitle the car. A financial power of attorney does not operate after death, so the spouse—not the agent—must apply and sign.

Process & Timing

1. Who files: The surviving spouse. Where: Clerk of Superior Court (Estates Division) in the North Carolina county where the decedent was domiciled. What: AOC‑E‑100 (Application and Assignment of Year’s Allowance), with death certificate, proof of marriage/identity, original vehicle title, and basic valuation. When: File promptly; if a PR is appointed, file within six months after letters are issued. Filing fees apply; check current court costs on nccourts.gov.
2. Clerk’s review and assignment: The clerk confirms eligibility, identifies and values personal property, and signs the assignment listing the vehicle. Ask for multiple certified copies for use with the DMV and any other institutions. Timeframes vary by county; some assignments are issued the same day by appointment.
3. DMV transfer: Take a certified copy of the AOC‑E‑100 assignment, the original title with odometer disclosure, DMV title application, proof of insurance, and property tax compliance to a DMV license plate agency to retitle the vehicle to the spouse. DMV requirements and fees can change; verify current forms before you go.

Exceptions & Pitfalls

• POA ends at death: A financial power of attorney cannot be used; the surviving spouse must sign the application.
• Liens remain: An assignment or DMV transfer does not remove an existing lien on the vehicle; the spouse must address any lien with the lender.
• Joint title not needed: If a vehicle was jointly titled with right of survivorship, it may pass to the survivor without a year’s allowance.
• Alternative DMV route: If no allowance is assigned and no PR is expected to qualify, DMV may accept an affidavit process under § 20‑77(b); confirm eligibility before choosing this path.
• County practice varies: Some clerks require appointments or additional supporting documents (e.g., marriage/family information); bring originals and copies.

Talk to a Probate Attorney

If you’re dealing with a North Carolina year’s allowance to transfer a vehicle to a surviving spouse, 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.