What steps do I take to get vehicle title history from the DMV for probate? – North Carolina

Short Answer

In North Carolina, a personal representative can request a vehicle’s title history from the N.C. Division of Motor Vehicles by submitting a DMV record request with proof of authority (Letters Testamentary/Administration), the VIN or plate/title number, and a permitted use under privacy laws. Do this early so you can list each vehicle’s VIN, title number, description, liens, and date-of-death value on your 90-day inventory filed with the Clerk of Superior Court.

Understanding the Problem

You’re administering a North Carolina probate and need to confirm ownership and lien details for several vehicles so you can complete the inventory. As the surviving spouse and personal representative, you want to know how to ask NCDMV for each vehicle’s title history to document the estate accurately and on time.

Apply the Law

North Carolina allows a duly appointed personal representative to gather and control a decedent’s personal property, which includes vehicles. DMV records are protected by privacy laws, but the estate’s fiduciary can access a vehicle’s title record by showing authority and stating a permitted use. For probate, you typically submit the DMV’s vehicle record request, include your Letters and a certified death certificate as needed, and provide the VIN or other identifiers. The Clerk of Superior Court expects your inventory within three months of qualification and will look for vehicle details (VIN, title number, make/model, liens, and fair market value at death).

Key Requirements

• Proof of authority: Provide certified Letters Testamentary or Letters of Administration to show you are the estate’s personal representative.
• Permissible purpose: Select a permitted use for DMV records consistent with estate administration and privacy rules.
• Vehicle identifiers: List each VIN (preferred), plus plate or title number, to ensure DMV pulls the correct record.
• Supporting documents: Attach a certified death certificate if requested and pay any required record fee.
• Inventory deadline: File the Inventory for Decedent’s Estate within three months of qualification, including each vehicle’s VIN, title number, liens, and date-of-death value.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-13-3 (PR powers over personal property) – authorizes the personal representative to take possession and control of personal property.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory due within 3 months) – requires filing an inventory within three months of qualification.
• North Carolina Gen. Stat. § 20-43.1 (Disclosure of DMV records) – limits release of DMV records to permitted uses and requires proper documentation.
• North Carolina Gen. Stat. § 20-77 (Transfers upon death; affidavits) – outlines certain post-death vehicle title transfers (useful context if you later transfer title).

Analysis

Apply the Rule to the Facts: As the surviving spouse and personal representative, you may request each vehicle’s title record from NCDMV by submitting a DMV vehicle record request with your Letters and a permissible purpose for probate work. For cars titled solely to the decedent, the history should confirm owner of record and any liens. For jointly titled vehicles, the record will help you confirm whether survivorship exists. Use the results to list VINs, title numbers, descriptions, liens, and values on your 90-day inventory.

Process & Timing

1. Who files: Personal representative. Where: N.C. Division of Motor Vehicles (vehicle records). What: DMV Request for Vehicle Information (record request), certified Letters Testamentary/Administration, certified death certificate if asked, VIN/plate/title number, and fee. When: As soon as you qualify so you can meet the three‑month inventory deadline.
2. After DMV processes your request, review the title history for each vehicle: owner name(s), brands, and recorded liens. If you do not have the paper title and need one for transfer later, consider requesting a duplicate using DMV Form MVR‑4; if the title lacks an odometer section, use Form MVR‑180 for disclosure at transfer.
3. Compile details for the Inventory for Decedent’s Estate (AOC‑E‑505): list each vehicle by VIN, title number, make/model, lienholder(s), and fair market value as of date of death. File the inventory with the Clerk of Superior Court. If a vehicle later needs transfer, follow DMV procedures (e.g., MVR‑1 for title application; if a small or non-administered estate fits the statute, an affidavit process under G.S. 20‑77 may apply).

Exceptions & Pitfalls

• Privacy permissions: DMV will not release title history without a permitted use; include your Letters and select an allowable purpose tied to estate administration.
• Joint titles: Verify if “joint tenants with right of survivorship” is indicated; that affects who owns the vehicle at death and what belongs on the estate inventory.
• Liens: Title history may show active liens; list them on the inventory and coordinate with lenders before any transfer or sale.
• Missing title: If the paper title is lost but you need it later, use MVR‑4 to request a duplicate; a lien release may be required if DMV shows a lien that was paid but not cleared.
• Wrong agency for boats: Boat titles/registrations are generally handled by the Wildlife Resources Commission, not NCDMV—use the correct agency when gathering records.

Talk to a Probate Attorney

If you’re dealing with vehicle title records and liens for a North Carolina probate, 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.