How a Surviving Spouse Can Transfer a Decedent’s Vehicle Title in North Carolina

Detailed Answer

Under N.C. Gen. Stat. § 28A-25-1, a surviving spouse may claim personal property — including a motor vehicle — by affidavit when:

• No personal representative has been appointed, and
• The total value of the personal property titled solely to the decedent does not exceed $30,000 if there is a surviving spouse (otherwise $20,000).

When those conditions apply, you can avoid formal probate and use the North Carolina Department of Motor Vehicles (NCDMV) process below.

Step-by-Step Guide

1. Wait 30 days from the date of death. North Carolina requires a 30-day waiting period before using the small-estate affidavit.
2. Complete the “Affidavit for Collection of Personal Property by Distributee.”
   • Form AOC-E-204 is available from the Clerk of Superior Court.
   • File it in the county where the decedent resided.
   • Attach a certified death certificate and pay the court filing fee (currently $120).
3. Obtain certified copies. The clerk will stamp and return certified copies of the affidavit. Order at least two; NCDMV keeps one.
4. Prepare NCDMV paperwork.
   • MVR-1 – Title Application (lists vehicle information, odometer reading, insurance, and tax block).
   • MVR-317 – Affidavit of Authority to Transfer Title (links the AOC form to the DMV file).
   • If a lien appears on the original title, include a lien release (MVR-181).
5. Bring the documents to a License Plate Agency (LPA) or mail them to NCDMV.
   • Certified copy of AOC-E-204.
   • Completed MVR-1 and MVR-317.
   • Current title (if located) or request a duplicate (MVR-4) if the title is missing.
   • Proof of North Carolina insurance and a valid photo ID.
   • Payment: $56 title fee plus plate and registration fees. No highway-use tax is due because transfers to a surviving spouse are exempt under N.C. Gen. Stat. § 105-187.6(b)(1).
6. Receive the new title. NCDMV typically mails the new title within two to four weeks. Registration and plates can be issued the same day at the LPA.

If the Estate Exceeds $30,000 or Probate Is Already Open

When the small-estate procedure is not available, the personal representative (executor or administrator) uses N.C. Gen. Stat. § 20-72 authority. The representative signs the MVR-1 and attaches either Letters Testamentary or Letters of Administration. The remaining DMV paperwork and fees are identical.

Helpful Hints

• Verify there are no outstanding liens before you start. A lien must be released before DMV will issue a new title.
• Bring two forms of payment in case the LPA does not accept your preferred method.
• The affidavit process can also release bank accounts and other personal property. Consolidate requests to save clerk fees.
• If more than one vehicle exists, list each on a single affidavit to avoid duplicate filings.
• Always keep a certified copy of the filed affidavit for your records; the DMV will retain the one you submit.

Need Help Moving Forward?

Transferring a vehicle after a loved one’s death seems straightforward, but missing a single form can delay registration and expose you to penalties. Our North Carolina probate team has guided many families through small-estate affidavits and DMV title transfers. We can handle the paperwork so you can focus on healing.

Call us today at (919) 341-7055 to schedule a consultation.