Transferring a Car After Someone Dies in North Carolina
How to transfer a vehicle title after the owner dies in North Carolina, from the official motor vehicle agency.
Short answer: The Division of Motor Vehicles transfers title and registration on a certified copy of a probated will, letters of administration, or a clerk's certificate assigning the vehicle to the surviving spouse as part of the spousal year's allowance. N.C. Gen. Stat. § 20-77(b)
| Transferring a car after death | The Division of Motor Vehicles transfers title and registration on a certified copy of a probated will, letters of administration, or a clerk's certificate assigning the vehicle to the surviving spouse as part of the spousal year's allowance. If the decedent died without a will and no administrator has qualified (or left a small estate with a purported will that the clerk finds does not justify probate, and the will is filed with the clerk), the DMV may transfer the vehicle on an affidavit signed by all heirs. The affidavit states the decedent's name and date of death, that no administration is pending or expected, that all debts are paid (or the proceeds will pay them), the names, ages and relationships of all heirs and devisees, and the new owner's name and address. A surviving parent may sign for minor or incompetent children without a guardian. Creditors' liens are not affected. Source: N.C. Gen. Stat. § 20-77(b) |
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More North Carolina estate law
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- Power of Attorney in North Carolina
- Quitclaim Deeds and Transferring Property in North Carolina
- Who Inherits If You Die Without a Will in North Carolina
- How to Make a Valid Will in North Carolina
- How Probate Works in North Carolina
- Living Wills and Advance Directives in North Carolina
- Revocable Living Trusts in North Carolina
- Executor Duties in North Carolina
- Letters Testamentary in North Carolina
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- How to Avoid Probate in North Carolina
- All North Carolina wills, probate and estate rules
FAQ
How do I transfer a car title after someone dies in North Carolina?
The Division of Motor Vehicles transfers title and registration on a certified copy of a probated will, letters of administration, or a clerk's certificate assigning the vehicle to the surviving spouse as part of the spousal year's allowance. If the decedent died without a will and no administrator has qualified (or left a small estate with a purported will that the clerk finds does not justify probate, and the will is filed with the clerk), the DMV may transfer the vehicle on an affidavit signed by all heirs. The affidavit states the decedent's name and date of death, that no administration is pending or expected, that all debts are paid (or the proceeds will pay them), the names, ages and relationships of all heirs and devisees, and the new owner's name and address. A surviving parent may sign for minor or incompetent children without a guardian. Creditors' liens are not affected.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.