Probate Q&A Series

Why might the vehicle title appear solely in my sibling’s name even though both of us are allotted a 50/50 share in the probate process?

Detailed Answer

In North Carolina probate, your 50/50 inheritance share represents your right to an equal portion of the estate’s total value. It does not require that every single asset carry both names on its title. A vehicle’s certificate of title is a document issued by the North Carolina Division of Motor Vehicles (DMV) to identify the legal owner. When the estate’s personal representative (also called the executor or administrator) distributes assets, they may transfer a vehicle’s title in a single heir’s name, provided the distribution plan gives that heir the vehicle’s full value and balances your 50/50 split through other assets or cash.

North Carolina law authorizes a personal representative to transfer vehicles directly to beneficiaries. Under N.C. Gen. Stat. § 20-54.9A, a fiduciary can present the decedent’s title, the court order admitting the will to probate, and the probate inventory to the DMV. The DMV then issues a new title in the beneficiary’s name. The title itself doesn’t reflect that you and your sibling each own an undivided half interest; it simply names the individual who receives that vehicle.

Here’s how it works in practice:

  • The personal representative reviews all estate assets and values them.
  • They allocate specific items—like a car—to one heir.
  • They balance the inheritance by assigning other property or cash to the other heir so each receives equal total value.
  • They use § 20-54.9A to reissue the vehicle title solely in the designated heir’s name.

Even though the title shows only your sibling’s name, you still receive your half of the estate. If you believe the distribution plan fails to give you equal value, you can request an accounting from the personal representative or petition the court to review the distribution under N.C. Gen. Stat. § 28A-15-1 and related provisions.

Key Points to Understand

  • Probate share refers to the value you receive, not the label on each title.
  • The DMV title lists legal ownership after distribution, not inheritance percentages.
  • Under N.C. Gen. Stat. § 20-54.9A, a fiduciary can transfer a vehicle directly to one heir.
  • The personal representative must balance asset values so each heir receives an equal total share.
  • If distributions seem unequal, heirs can request an accounting or ask the court to intervene under Chapter 28A of the North Carolina General Statutes.

Need Help With Probate and Vehicle Transfers?

Distributing estate assets can raise complex questions—especially when titles change but inheritance shares remain fixed. Our attorneys at Pierce Law Group have years of experience guiding families through probate in North Carolina. If you have questions about vehicle title transfers or any other probate matter, we’re here to help.

Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055.