Short Answer

In North Carolina, once the Clerk of Superior Court assigns the year’s allowance to the surviving spouse and lists the vehicle, bring a certified copy of that order, the original title signed correctly, the DMV title application, proof of insurance, and required fees to the DMV. If the vehicle was not listed in the allowance order, you may need to use the DMV’s affidavit process or seek an amended order before the DMV will retitle it.

Understanding the Problem

You’re in North Carolina, and a surviving spouse plans to transfer a car titled only in the decedent’s name. The spouse will ask the Clerk of Superior Court to assign the year’s allowance and include that specific vehicle, so the DMV can retitle it to the spouse without opening a full estate.

Apply the Law

North Carolina allows a surviving spouse to receive up to a set amount of the decedent’s personal property through a year’s allowance, and a motor vehicle can be assigned as part of that allowance. When the Clerk assigns the vehicle to the spouse, a certified copy of the allowance order operates as authority for the DMV to transfer title without letters of administration. If the vehicle is not covered by the allowance order and no estate is opened, the DMV can sometimes retitle using an affidavit signed by all heirs and certified by the Clerk. The Clerk of Superior Court is the forum for the allowance; time limits depend on the date of death and whether a personal representative has been appointed.

Key Requirements

• Certified allowance order listing the vehicle: Get certified copies of the Application and Assignment of Year’s Allowance that specifically assigns the car to the spouse.
• Original title and proper signatures: Have the original title. The spouse signs the decedent’s name “by [Spouse], surviving spouse” as seller and signs as buyer; complete odometer disclosure.
• DMV title application: Complete Form MVR-1 (Title Application), and, if the title format requires it, Form MVR-180 (Odometer Disclosure) for older titles.
• Insurance and taxes: Bring proof of liability insurance and satisfy NC property tax listing/fees at transfer; a new plate is typically required.
• Fees and possible tax exemption: Pay DMV fees and any Highway Use Tax unless an exemption applies (use Form MVR-613 if claiming one).
• If title is missing or there’s a lien: Use Form MVR-4 for a duplicate title and obtain a lien release from the lienholder before transfer.

What the Statutes Say

• N.C. Gen. Stat. § 20-77(b) (DMV transfer on death) – Allows DMV to transfer title with a clerk-certified allowance assignment or, if no estate is opened, via an affidavit signed by heirs and certified by the clerk.
• N.C. Gen. Stat. § 30-15 (Spousal year’s allowance) – Establishes the spouse’s right to a year’s allowance from personal property.

Analysis

Apply the Rule to the Facts: Because the vehicle is solely in the decedent’s name and no probate is opened, the cleanest route is to have the Clerk assign the car to the spouse as part of the year’s allowance. With that certified allowance order in hand, the spouse can take the original title, DMV forms, insurance proof, and fees to the DMV for retitling. The financial power of attorney ended at death and cannot be used to sign; the spouse must sign as described.

Process & Timing

1. Who files: The surviving spouse. Where: Clerk of Superior Court in the North Carolina county where the decedent lived. What: Application and Assignment of Year’s Allowance (AOC-E-100) identifying this vehicle. When: File within the applicable timeframe (rules changed in 2024; if a personal representative has been appointed, the spouse generally must apply within six months after letters).
2. After the Clerk signs the allowance order, request several certified copies. Confirm the vehicle is listed to the spouse. Gather the original title, complete MVR-1, and, if needed, MVR-180. Obtain proof of insurance and any lien release; if the title is lost, request a duplicate using MVR-4.
3. Go to a DMV license plate agency (or submit to DMV Vehicle Services). Present the certified allowance order, original title with proper signatures and odometer disclosure, MVR-1, insurance, ID, and payment. DMV issues a new title in the spouse’s name (and typically a new plate).

Exceptions & Pitfalls

• If the vehicle was not listed in the allowance order: DMV may refuse transfer; seek an amended allowance listing the car or use the DMV affidavit route (MVR-317) signed by all heirs and certified by the Clerk.
• Power of attorney is not valid after death: Do not rely on the decedent’s financial POA to sign the title.
• Liens remain: A lien survives the transfer; DMV will not remove it without a proper lien release.
• Joint ownership/right of survivorship: If a title shows survivorship, the survivor usually retitles with a death certificate instead of using the allowance.
• DMV form nuances: The MVR-317 affidavit is a security paper form obtained from DMV and must be signed by all heirs and certified by the Clerk; photocopies are not accepted.

Talk to a Probate Attorney

If you’re dealing with retitling a vehicle to a surviving spouse after 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.