Detailed Answer

Losing a family member creates many tasks, including moving assets into your name. In North Carolina, you may use a small estate affidavit when the decedent’s personal property (excluding liens) totals $20,000 or less. This process helps you avoid full probate. Here is how to transfer a vehicle title under this procedure.

1. Confirm Eligibility for a Small Estate Affidavit

The vehicle must be part of a small estate under North Carolina General Statutes § 28A-19-2. Ensure that:

• The total value of all personal property (excluding liens) does not exceed $20,000.
• The decedent died at least 40 days ago.
• No one has been appointed personal representative or executor under any probate proceeding.

For full rules, see N.C.G.S. § 28A-19-2.

2. Prepare the Small Estate Affidavit

Use the form authorized by Chapter 28A, Article 2. The affidavit must include:

• Decedent’s full name and date of death
• Your name, address, and relationship to the decedent
• An itemized list of personal property, including the vehicle (make, model, VIN)
• Value of each item and total estate value
• A statement that no probate estate is open and that you are entitled to distribution

3. Attach Required Documents

Gather these items:

• A certified copy of the decedent’s death certificate
• A copy of the existing vehicle title
• A lien release if the vehicle carried a loan
• Odometer disclosure if required by federal law

4. File the Affidavit with the Register of Deeds

Take the signed affidavit and attachments to the local Register of Deeds office. There you will record the affidavit. Recording costs vary by county. This step creates a public record of your claim.

5. Wait the Mandatory Ten-Day Period

North Carolina law requires a 10-day waiting period after recording. During this time, any creditor or heir may challenge the affidavit.

6. Apply for a New Title

After the waiting period, complete the North Carolina Title Application (Form MVR-1). Submit to the Division of Motor Vehicles (DMV) with:

• The recorded small estate affidavit
• Original vehicle title, signed by you as affiant
• Odometer disclosure, if applicable
• Title application fee and any applicable taxes

Refer to N.C.G.S. § 20-79 for title issuance rules.

Quick Checklist: Documents and Steps

• Confirm total estate under $20,000 (G.S. 28A-19-2)
• Obtain certified death certificate
• Complete small estate affidavit form
• Attach vehicle title and lien release
• Record at Register of Deeds
• Wait 10 days for challenges
• Submit MVR-1 and fees to DMV
• Receive new title in your name