Who May Request a Duplicate Vehicle Title When a Co-Owner Spouse Has Died in North Carolina?

Detailed Answer

North Carolina law allows only certain people to apply to the North Carolina Division of Motor Vehicles (NCDMV) for a duplicate certificate of title when one co-owner has passed away. The correct applicant depends on (1) how the vehicle was titled and (2) whether a probate estate has been opened.

1. Surviving Joint Owner Listed With “OR” or “JTWROS”

If the original title shows the spouses’ names connected by the word “OR,” “slash,” or the phrase “Joint Tenants With Right of Survivorship (JTWROS),” the survivor automatically owns the vehicle. Under N.C. Gen. Stat. § 20-78, that surviving owner may file Form MVR-4 (Application for Duplicate Title) with:

• Copy of the deceased spouse’s death certificate;
• Title fee (currently $21); and
• Current Odometer Disclosure if the vehicle is under 20 model-years old.

The survivor signs exactly as the name appears on the old title.

2. Personal Representative of the Estate (Executor or Administrator)

If the title shows the spouses’ names connected by “AND” or “&,” both signatures would ordinarily be required. After one owner dies, the power to sign passes to the personal representative appointed by the clerk of court in the county where probate is opened. The representative may apply for the duplicate title by submitting:

• Certified Letters Testamentary or Letters of Administration;
• Copy of death certificate;
• Form MVR-4 completed as “[Decedent’s Name] by [Representative Name], Executor” (or “Administrator”);
• Fee and odometer disclosure, if required.

Authority comes from N.C. Gen. Stat. § 28A-15-2 (title to personal property vests in the personal representative) and § 20-78.

3. Heir or Surviving Spouse When No Probate Is Open

When no estate has been filed and the vehicle’s value is $5,000 or less, N.C. Gen. Stat. § 20-72.1 lets an heir or surviving spouse transfer or retitle a vehicle by affidavit. The applicant submits:

• Form MVR-317 (Affidavit of Authority to Transfer Title);
• Death certificate;
• MVR-4 (for the duplicate) and fee.

This route may avoid opening a full probate file.

4. Lienholder or Insurance Company (Rare)

If the vehicle is subject to a recorded lien and the original title is lost, the lienholder listed on NCDMV records may also request a duplicate under § 20-78—but only to protect its security interest.

Hypothetical Example

Anna and Ben owned a sedan titled “Anna Smith or Ben Smith.” Ben dies. Anna needs a duplicate title because the original is missing. She:

1. Obtains Ben’s death certificate;
2. Completes MVR-4 as “Anna Smith,” checks the “Joint Tenancy with Right of Survivorship” box, and attaches the certificate;
3. Mails the form and $21 fee to NCDMV.

The new title arrives listing Anna as sole owner—no probate required.

Helpful Hints

• Match names exactly. Signatures must mirror the names on the old title, including middle initials.
• Check for liens. If a lien remains open, secure a lien release before filing.
• Notarization is mandatory. NCDMV forms MVR-4 and MVR-317 must be notarized.
• Use certified copies. Provide certified—not photocopied—death certificates and Letters.
• Track your package. Send applications by certified mail or use NCDMV’s online portal when available.
• Estate size matters. For vehicles over $5,000, open probate or appoint a personal representative.
• Avoid selling without title. North Carolina buyers rarely close a sale without the physical certificate.

Bottom line: The right person to request a duplicate title is usually the surviving joint owner or the court-appointed personal representative. Acting quickly prevents storage fees, depreciation, and buyer frustration.

Need help untangling vehicle titles after a loved one’s death? Our North Carolina probate attorneys have the experience to guide you through NCDMV paperwork, probate court filings, and lien releases. Call (919) 341-7055 now for a free consultation.