Short Answer

In North Carolina, what you provide depends on how each asset is titled. For a jointly owned vehicle with survivorship, the DMV typically accepts the original title and a certified death certificate; if the DMV still requires court papers, you can use either a clerk-certified DMV assignment affidavit or a court order from a simplified spousal proceeding. For a home owned as tenants by the entirety, you usually record a certified death certificate (not a new deed) with the Register of Deeds; if the will controls title, probate documents must be recorded.

Understanding the Problem

In North Carolina, a surviving spouse asks: “What do I give the DMV and the county court to transfer a jointly titled car and a house held as tenancy by the entirety after my wife’s death?” The actor is the surviving spouse; the actions are retitling a vehicle and updating real estate records; the key triggers are the wife’s death and how each asset is titled. One salient fact: the DMV has asked for probate letters for the jointly owned vehicle.

Apply the Law

Under North Carolina law, the required documents turn on asset type and title form. Joint assets with a right of survivorship generally pass to the survivor outside probate. Vehicles can be retitled by survivorship or, if probate is unnecessary, by a clerk-certified DMV affidavit. If the surviving spouse is the sole heir or devisee, a one-step “summary administration” order can substitute for Letters and is sufficient to collect and transfer assets, including vehicle titles. For real estate held as tenants by the entirety, ownership vests automatically in the survivor; to update land records, record evidence of death with the Register of Deeds. Powers of attorney end at death and cannot be used. The main forums are the DMV License Plate Agency, the Clerk of Superior Court (Estates Division) in the county of domicile, and the county Register of Deeds. A concrete timing rule: the small-estate “collection by affidavit” option can be used starting 30 days after death.

Key Requirements

• Identify how each asset is titled: Survivorship (JTWROS/TBE), trust-owned, or solely in the decedent’s name drives what documents are needed.
• Vehicles—use the least burdensome path: If the title shows survivorship, bring the original title and a certified death certificate; if DMV insists on court papers, use a clerk-certified DMV affidavit or a spousal summary administration order instead of opening full probate.
• Small estate alternatives: After 30 days, a “collection by affidavit” (personal property value limits apply) or “summary administration” (surviving spouse is sole heir/devisee) can avoid Letters.
• Real property held by the entirety: Survivor takes full title by operation of law; record a certified death certificate (or short survivorship affidavit) with the Register of Deeds to update the chain of title.
• If the will must control real estate: Probate the will (with or without qualifying a personal representative) and record certified probate documents in every county where land is located.
• Know what won’t work: Powers of attorney terminate at death and cannot transfer titles.

What the Statutes Say

• North Carolina Gen. Stat. § 20-77(b) (DMV affidavit to assign vehicle title) – allows clerk-certified affidavits to transfer a decedent’s vehicle when full probate isn’t warranted.
• North Carolina Gen. Stat. § 28A-25-1 (Collection by affidavit—intestate/testate) – small estate tool for personal property after 30 days.
• North Carolina Gen. Stat. § 28A-28-1 (Summary administration—surviving spouse) – one-step order when the spouse is the sole heir/devisee.
• North Carolina Gen. Stat. § 32C-1-110 (Power of attorney—termination) – authority under a POA ends at the principal’s death.

Analysis

Apply the Rule to the Facts: Because the DMV asked for probate letters on a jointly titled vehicle, first check if the title shows survivorship. If yes, try the original title plus a certified death certificate; if the DMV still requires court papers, use a clerk-certified DMV assignment affidavit or obtain a summary administration order (since the spouse is the sole beneficiary). For the house held as tenants by the entirety, ownership already vested in the spouse; typically, record a certified death certificate with the Register of Deeds—no new deed or probate is required unless the will must control title.

Process & Timing

1. Vehicles with survivorship: Who files: Surviving co-owner. Where: DMV License Plate Agency. What: Original title, certified death certificate, ID, and insurance proof. If DMV insists on court papers, bring a clerk-certified Affidavit of Authority to Assign Title (DMV Form MVR-317) or a certified Order of Summary Administration (AOC-E-904M). When: As soon as you have the death certificate; MVR-317 requires the clerk’s certification before going to DMV.
2. Small estate or spousal summary route (to satisfy DMV): Who files: Surviving spouse. Where: Clerk of Superior Court, Estates Division, in the county of the decedent’s domicile. What: For collection by affidavit, use the small-estate affidavit (requires personal property within statutory limits) after 30 days; for summary administration, file Application for Probate and Petition for Summary Administration (AOC-E-905 if testate; AOC-E-906 if intestate). The clerk issues an Order of Summary Administration (AOC-E-904M). When: Collection by affidavit: not before 30 days after death; summary administration can be filed once you have the will and death certificate.
3. Real property—tenancy by the entirety: Who files: Surviving spouse (or closing attorney). Where: Register of Deeds in the county where the property sits. What: Record a certified death certificate (and, if desired, a brief survivorship affidavit) to update title; if the will must pass title, record certified probate documents in that county. When: After the death certificate is available; recording can be done any time, though promptly updating the record is best practice.

Exceptions & Pitfalls

• DMV nuances: If the vehicle title does not show survivorship, DMV may require court authority (MVR-317 certified by the clerk, summary administration order, or Letters).
• MVR-317 details: The affidavit must be on the DMV’s security form and clerk-certified; photocopies aren’t accepted. All heirs may need to sign if there’s no surviving spouse-only path.
• Spousal summary trade-offs: Summary administration avoids ongoing probate, but the spouse assumes liability for valid estate debts up to the value received. Consider creditor issues before using it.
• POA stops at death: You cannot sign DMV or deed documents using a power of attorney after death.
• Real estate timing: If title must pass under the will, probate the will and record certified probate papers in each county where land is located to avoid title delays.

Talk to a Probate Attorney

If you’re dealing with DMV title transfers and updating property records after a spouse’s death, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 555-0100.

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.