Short Answer

In North Carolina, a surviving spouse can claim a motor vehicle through the spousal year’s allowance by filing an Application and Assignment of Year’s Allowance (AOC‑E‑100) with the Clerk of Superior Court and listing the vehicle. Bring proof of death and marriage and the title details. After the clerk assigns the vehicle to the spouse and issues certified copies, take a certified copy, the original title, and standard DMV title forms to the DMV to retitle. If a personal representative has been appointed, file the allowance application within six months after letters issue; timing rules vary based on date of death.

Understanding the Problem

You want to transfer a vehicle that was solely in your parent’s name to the surviving spouse without opening full probate in North Carolina. The specific question is: what proof and documents must the spouse present to the Clerk of Superior Court to get the vehicle assigned under the year’s allowance, and what should be taken to the DMV afterward?

Apply the Law

North Carolina allows a surviving spouse to receive up to the statutory amount of the decedent’s personal property as a “year’s allowance.” A motor vehicle is personal property and can be assigned as part of that allowance. The spouse applies in the decedent’s county of domicile to the Clerk of Superior Court using the AOC form. After the clerk assigns the vehicle, a certified copy of that assignment serves as the legal proof the DMV needs to retitle. If a personal representative (PR) has already been appointed in the estate, the spouse must file the allowance application within six months after letters are issued. For recent statutory changes, timing depends on the decedent’s date of death.

Key Requirements

• Eligible spouse: The applicant must be the decedent’s surviving spouse and not have forfeited or waived the right.
• Proper venue: File in the Clerk of Superior Court where the decedent lived at death (county of domicile).
• Correct form and contents: Use AOC‑E‑100 to apply and list the vehicle (make, model, VIN, approximate value) among the personal property to be assigned.
• Proof documents: Bring proof of death (death certificate) and proof of marriage; have the original vehicle title and available registration/tax information.
• Notice to PR if appointed: If a PR has been appointed, deliver a copy of the allowance application to the PR by personal delivery or first‑class mail.
• Timing: If a PR has been appointed, file within six months after letters issue; for deaths before March 1, 2024, earlier one‑year filing limits may apply.
• DMV retitling: After assignment, take a certified copy of the clerk’s assignment, the title, and standard DMV forms to transfer title into the spouse’s name.

What the Statutes Say

• North Carolina Gen. Stat. § 30-15 (Spousal year’s allowance) – Establishes the spouse’s right to a year’s allowance from personal property.
• North Carolina Gen. Stat. § 30-20 (Clerk assigns allowance) – Clerk determines entitlement and assigns personal property toward the allowance.
• North Carolina Gen. Stat. § 20-77(b) (DMV transfer options) – DMV accepts a clerk’s certificate showing a vehicle was assigned as part of a spouse’s year’s allowance, or an heir affidavit in specific circumstances.

Analysis

Apply the Rule to the Facts: The vehicle is personal property solely in the decedent’s name, so the spouse can request that it be assigned as part of the spousal year’s allowance. The spouse must file AOC‑E‑100 with the Clerk of Superior Court in the decedent’s county and list the vehicle with identifying details. If a PR has been appointed, the spouse must file within six months of the letters; otherwise, file promptly based on the date‑of‑death rules. Once assigned, a certified copy of the clerk’s assignment plus the title and DMV forms will allow retitling. Note that a power of attorney ends at death and cannot be used to complete this process.

Process & Timing

1. Who files: The surviving spouse. Where: Clerk of Superior Court in the decedent’s county of domicile in North Carolina. What: File AOC‑E‑100 (Application and Assignment of Year’s Allowance) listing the vehicle; bring proof of death and marriage, the original title, and available registration/tax info. If a PR has been appointed, deliver a copy of the application to the PR. When: If a PR is appointed, file within six months after letters; for earlier deaths, a one‑year-from‑death limit may apply.
2. Clerk assignment: The clerk reviews eligibility, assigns the vehicle toward the spouse’s allowance, and issues certified copies of the signed assignment. Timeframes vary by county; bring enough copies for each asset and for DMV.
3. DMV retitling: Take a certified copy of the assignment, the original title, DMV title application (MVR‑1 if needed), odometer disclosure (or MVR‑180 if applicable), proof of insurance, and property tax listing/payment to the DMV. Pay title/plate fees; a Highway Use Tax exemption (MVR‑613) may apply to transfers to a spouse—confirm current DMV requirements.

Exceptions & Pitfalls

• Power of attorney ends at death: A financial POA cannot be used after death; the spouse (or counsel) must file the allowance application.
• Liens follow the vehicle: Transferring title does not extinguish valid creditor liens on the vehicle.
• If not using the allowance: In limited situations without administration and with all heirs’ signatures, title can be transferred by heir affidavit under G.S. 20‑77(b); DMV uses Form MVR‑317 for this.
• Lost title or recorded liens: You may need DMV Form MVR‑4 for a duplicate title and a lien release from the lienholder when applicable.
• County practice varies: Some clerks ask for extra documentation (e.g., marriage/family affidavits) or multiple certified copies. Bring more copies than you think you need.

Talk to a Probate Attorney

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