dmv form 317 assignment of title nc

Transfer a Car Title After Death: The Simplified Process

by Durham Law Firm | Estate Administration

When a loved one passes away, handling their affairs can be challenging. One crucial task is transferring the car title. When administering the estate of a deceased person in North Carolina, there are alternatives to a full administration process. If you need to do a transfer vehicle title after death process, t his article will explore the key aspects of the Assignment of Motor Vehicle Title process and how it provides a simplified transfer option.

Assignment of Motor Vehicle Title: A Simplified Title Transfer Process in North Carolina

One alternative to a full probate process for the transfer of a car title is known as Assignment of Motor Vehicle Title , completed with Form MVR-317 . 

This method allows for transferring a motor vehicle owned by the decedent’s estate to another person in specific circumstances.

Applicability of Assignment of Motor Vehicle Title

The Assignment of Motor Vehicle Title process is available under G.S. 20-77(b) but only in the following two situations:

Situation 1

When an individual dies without a will (intestate) and the court has not found an administrator (personal representative) qualified to settle the estate through the probate process.

Situation 2

When an individual dies with a will (testate) and, the following is true:

• The decedent left a small estate that does not warrant the expense of probate and administration.
• An interested party has demanded neither probate nor administration.
• The will is filed with the clerk’s office.

For example, suppose an estate has already been administered and closed, and a vehicle titled to the deceased person has been discovered after the fact. In that case, this alternative procedure may be appropriate as an alternative to reopening the estate.

Working with an estate administration attorney can help you see how to streamline an estate settlement process.

Affidavit of Assignment of Title

To effectuate the transfer of a motor vehicle’s title through the Assignment of Motor Vehicle Title process, you must submit an affidavit. The affidavit must comply with the requirements in NCGS 20-77(b) .

The Affidavit of Authority to Assign Title (MVR-317) form is unavailable online, but you can pick it up at the DMV.

The draft version of the form below is for informational purposes only as an example of what an affidavit in your county may look like:

The affidavit must include the following information:

• Decedent’s name and date of death.
• Indication of whether the decedent died intestate or testate.
• Statement that no administration is pending or expected.
• Confirmation that all debts have been paid or that the proceeds from the transfer of title will be used to pay debts.
• Names, ages, and relationship to the decedent of all heirs and devisees (if there is a will).
• Name and address of the transferee of the title.
• All heirs of the decedent must sign the affidavit.

In cases where the decedent’s minor or incompetent children do not have a guardian, the surviving spouse may execute the affidavit and transfer the interest of the minor or incompetent children.

The North Carolina Division of Motor Vehicles (DMV) will transfer the title to the motor vehicle upon receipt of your completed and compliant affidavit.  The Clerk of Superior Court must approve the affidavit and execute the reverse side of it before it is submitted to the DMV.

Exception for Certain Mobile Homes and Motor Vehicles

Spouses transferring ownership.

When spouses become co-owners of a mobile home, they own it as tenants by the entirety by default, regardless of whether it is classified as real or personal property.

This is usually a form of ownership reserved for real estate only, but an exception has been created for mobile homes, even if they are still classified as personal property.

If one spouse passes away, the surviving spouse becomes the sole owner of the mobile home. If the mobile home is registered with the DMV, the surviving spouse can sell or title the mobile home in their name by providing a copy of the deceased spouse’s death certificate to the DMV.

This process makes it easy for married couples to handle the title and transfer ownership to only one spouse after the other passes away.

Transfer Vehicle Title After Death When Owned Jointly with Right of Survivorship

If a motor vehicle is jointly owned by two or more persons with a right of survivorship, the surviving co-owners become the owners of the vehicle upon the death of one co-owner.

The DMV typically requires a deceased’s death certificate to allow the survivor to transfer the title.

The Assignment of Motor Vehicle Title provides a simplified process for transferring the ownership of a motor vehicle owned by a deceased person.

This alternative method is available in specific circumstances and is largely discretionary on the Clerk of Court’s part regarding whether to allow this process. 

Overall, the Assignment of Motor Vehicle Title offers a streamlined approach to the transfer process. In some instances, it also helps avoid the need for a full administration process.

Our Experienced Estate Administration Attorneys Can Help

At Hopler, Wilms, and Hanna, we understand the legal complexities and emotional challenges of estate administration . Our team is dedicated to providing compassionate, efficient legal assistance during these difficult times.

We guide you through every step, ensuring car title transfer and other estate matters are handled with the utmost care and legal knowledge. We support you in navigating legal responsibilities, making the process as smooth and stress-free as possible.

Get in touch today and find out how we can help make the legal process of estate administration easier for you.

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§ A:45. Affidavit of Authority to Assign Title (MVR-317) | Secondary Sources | Westlaw

§ A:45. Affidavit of Authority to Assign Title (MVR-317)

Nc-probhbk app a § a:45 edwards' north carolina probate handbook appendices  (approx. 2 pages).

Replacing a Lost Title in North Carolina

The North Carolina Division of Motor Vehicles allows you to request a replacement copy of your title when there has been:

• A legal name change due to divorce, marriage, naturalization, or a court order.
• An error on your title that needs be corrected, such as inaccurate body style, year, model or lienholder info.
• Significant modification(s) to the vehicle that the new title covers.

Application forms are available in person or online . Either format must be notarized. Continue reading this page to find out exactly how to apply for a duplicate copy of your NC vehicle title.

How to Get a Duplicate Title in NC

NOTE : If there are any liens on your title, you'll need a lien release plus your application must be notarized. The lienholder must complete the bottom half of the application in the presence of a notary.

You can submit your duplicate title request in person by visiting a Division of Motor Vehicles office. Otherwise, you may submit your application by mail directly to the Raleigh address on the form.

Apply for a Lost Title In Person

To apply for a duplicate NC title, you'll need to:

• Complete an Application for a Duplicate Title (Form MVR-4) before a notary. If someone asks for your title number, they are most likely referring to your vehicle identification number (VIN).
• You can pay using cash, money orders, or personal checks.
• Bring your valid driver's license if you take it to your local DMV office.

Don't expect to be issued an immediate duplicate title, however. The DMV requires that all duplicate title applications "age" for 15 days.

If you need further assistance, you may contact the North Carolina DMV between 8 a.m. and 5 p.m. weekdays for application assistance, including tags and titles.

Corrected/Substitute Title Application

You'll need to complete a Corrected or Substituted Title Application (Form MVR-5), available online or in person. Be sure to bring your updated driver's license.

NOTE : If a vehicle modification has taken place, use Affidavit of Facts Surrounding the Incorrect Assignment of a Manufacturer’s Certificate of Origin or a Certificate or Title (Form MVR-28).

Instant Titles

Instant titles can be issued in one day if you visit the offices in Raleigh and Charlotte, or by courier in one business day to other offices. However, these type of titles are not permitted to be issued for applications which require a waiting period of 15 days, such as duplicate forms to replace a lost vehicle title, a damaged vehicle title or a stolen vehicle title.

Adding/Removing Names From Your Title

To change names on a title, North Carolina requires an actual, original title, with information about the original owner and the recipient.

The notarized title should include:

• Names and addresses of both buyer and recipient.
• Signature of seller plus their printed name.
• Date of delivery and sale.
• Odometer Disclosure Statement (Form MVR-180).
• A Damage Disclosure Statement (Form MVR-181) if there is any damage on the.

In addition to the original title, applicants must include proof of liability insurance . Acceptable documentation includes:

• Information about your policy, such as beginning and expiration dates and when it was issued.
• Information about your insurance agent (Form FS-1).
• A binder containing your policy info.
• A card with those insurance dates.

Fees can include:

• $56 for certificate of title.
• $105.75 for instant title.
• $77.50 for duplicate title plus reassignment.
• 3% highway use tax which can be waived if transferred to a spouse, child, or step-child/step-parent.

Change Your Name or Address

Name change.

When you apply for a corrected title due to a name change, you'll need to bring a valid driver's license or other information that indicates the changed name such as a court order or naturalization paperwork.

Change Your Address

To change your address on your title, you'll need to fill in the secondary mailing address section on the Application for a Duplicate Title (Form MVR-4) and present your valid driver's license. The fee for applying is $21.50.

For information on how to change your address and/or address on your driver's license and registration, please visit our Change Address and Change Name pages.

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How can the Division of Motor Vehicles update forms?

Share this project, project overview.

The Division of Motor Vehicles (DMV) and the North Carolina Office of Strategic Partnerships (OSP) have partnered on an initiative to improve the quality of DMV forms. The overarching vision is to create or update the design of priority forms to make forms clearer and easier to use for North Carolinians and DMV staff members.

Deliverables

• Updated version of MVR-614, Non-resident’s affidavit of intent to title vehicle in North Carolina
• Updated version of MVR-28, Affidavit of facts: incorrect assignment of title or certificate of origin

Planned use of results

Updated forms will be piloted, with the goal of identifying what updates make the forms easier to use that could translate to other DMV forms in the future.

The project is complete.

We’re eager to learn how you use the results and welcome any questions.

Project point of contact

Judy Schmidinger

Program Analyst II

[email protected]

Project Team

NC Office of Strategic Partnerships

NC Division of Motor Vehicles

The Policy Lab

This project portal was developed by the NC Office of Strategic Partnerships and The Policy Lab at Brown University. If you have ideas for how to improve it, please let us know!

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mvr-317 form questions

• Thread Starter Edjh
• Start date Jan 18, 2021
• Jan 18, 2021

I am filling out the MVR 317 form. On line 5 there is a section about the martial status if both the individual and spouse are deceased would I check married then add the spouses name and list deceased? Also is the appraised value listed on the DMV form they send each year the same as true value. If not if I use Kelley Blue Book would true value be the trade in or private party price. The final question would I need to file a highway use tax exemption certificate for a flat bed hauling trailer.  

adjusterjack

Super moderator.

See Guidelines for Assignment of Title. https://www.nccourts.gov/assets/doc...gn Title.pdf?CpPvQ9lbl9Bn3mXnhjtNzNLysLgfriLI If that doesn't help, you'll probably need an attorney.  

Thanks I have already seen the instructions before just had some specific questions.  

Well-Known Member

Edjh said: I am filling out the MVR 317 form. On line 5 there is a section about the martial status if both the individual and spouse are deceased would I check married then add the spouses name and list deceased? Click to expand...

• Jan 21, 2021

As posted on the other forum, the value of these vehicles in aggregate disqualifies you from using that form. You're going to have to probate the estate and have the person with the appropriate authority (letters of administration or whatever) transfer the titles on behalf of the estate.  

So just do the small estate collection form since the total is under $10,000.  

I am thinking the MVR 317 form would also be used in conjunction with the small estate form would this be correct if one heir has already paid the other heir for the vehicle.  

Huh? No. The form is for a subset of the small estates where the transfer is trivial and that the DMV doesn't want to have to go look at letters testimentary, etc... You keep changing the story as to the size of the estate and nature of the vehicles. You should contact an attorney before you get into big trouble. Unlike being able to game internet forums, the State of NC has real consequences.  

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