Short Answer

In North Carolina, if a truck is titled to two people with a right of survivorship, the surviving owner becomes the sole owner at the moment of the other owner’s death. You normally prove this by showing a certified death certificate to the N.C. Division of Motor Vehicles (DMV) and retitling the truck in your name. If a relative is withholding the paper title, you can request a duplicate title and then complete the retitling. Any valid lien on the vehicle still remains of record.

Understanding the Problem

In North Carolina, can a surviving co-owner retitle a truck fully into their name after the other owner dies when the title itself says it has a right of survivorship, but a relative is hiding the paper title? You want to know what proof the DMV needs and how to secure the title so no one tampers with it.

Apply the Law

Under North Carolina law, co-owned vehicles can be titled with a right of survivorship if that intent is shown on the title application and certificate. When a co-owner dies, the surviving co-owner becomes the legal owner. For DMV purposes, the survivor generally needs a certified death certificate and the title paperwork to update the record. If the original title is unavailable, the survivor can apply for a duplicate title and then apply to retitle solely in the survivor’s name. A separate affidavit process through the Clerk of Superior Court exists for vehicles owned solely by a decedent when no administration is opened; that process does not apply to survivorship titles. Recorded liens are not erased by transfer.

Key Requirements

• Survivorship on the title: The existing title or prior application must show “joint tenants with right of survivorship” (or similar survivorship designation).
• Proof of death: A certified death certificate for the deceased co-owner.
• Duplicate title if needed: If the paper title is missing or withheld, file a duplicate title application before retitling.
• DMV title forms and fees: Submit the DMV title application to place the vehicle solely in your name; include the duplicate title if applicable.
• Lien status: If a lien was ever recorded, provide a lien release; otherwise, any valid lien remains on the DMV record.

What the Statutes Say

• North Carolina Gen. Stat. § 20-52 (Application for title) – DMV applications include a survivorship option for co-owners.
• North Carolina Gen. Stat. § 41-2 (Joint tenancy rules) – Survivorship exists only if expressly created.
• North Carolina Gen. Stat. § 20-77(b) (Affidavit to assign title when no administration) – Clerk-certified affidavit method for vehicles owned solely by a decedent; does not affect creditor liens.
• North Carolina Gen. Stat. § 28A-29-1 (Limited personal representative) – Allows notice to creditors without full administration in limited cases.

Analysis

Apply the Rule to the Facts: Because your truck title was issued with a right of survivorship, you became the sole owner immediately when your co-owner died. The DMV will typically accept a certified death certificate from you, the surviving co-owner, to retitle the truck in your name. Since a relative hid the paper title, you can first request a duplicate title from the DMV and then complete the sole-owner retitle. No probate is required for a survivorship title, though any valid lien remains, and estate creditors may have limited rights if the estate lacks assets.

Process & Timing

1. Who files: Surviving co-owner. Where: N.C. Division of Motor Vehicles (local license plate agency or DMV Titles & Registration by mail). What: Apply for a duplicate title if the original is missing (DMV duplicate title application), and obtain a certified death certificate. When: As soon as the death certificate is available.
2. With the duplicate title in hand, submit the title application to place the vehicle solely in your name; include the certified death certificate and any required fee. Local processing times vary by DMV office.
3. Receive the new North Carolina certificate of title showing only your name as owner; keep copies of your filings and DMV receipts.

Exceptions & Pitfalls

• No survivorship language: If the title does not show survivorship, the decedent’s share is an estate asset; you cannot remove the deceased’s name without an estate proceeding.
• Wrong process: The Clerk-certified affidavit method under § 20-77(b) is for vehicles owned solely by the decedent without administration; it does not apply to survivorship titles.
• Liens stick: A transfer does not wipe out recorded liens; obtain lien releases where required and verify DMV records before retitling.
• Estate creditor risk: Property that passes by survivorship can, in limited cases, be reached if the estate lacks assets to pay debts. Consider asking the Clerk to appoint a limited personal representative to publish notice to creditors if claim resolution is a concern.
• Life insurance is separate: Beneficiary-designated life insurance typically bypasses probate and does not affect vehicle title; disputes over those proceeds are handled separately.

Talk to a Probate Attorney

If you’re dealing with a survivorship vehicle title after a co-owner’s death and someone is withholding the paper title, 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.