Do I Need a Vehicle Transfer on Death Designation in North Carolina?
Answer a few questions about how your vehicle is titled to see whether a transfer-on-death designation applies for avoiding probate on a vehicle.
Frequently Asked Questions
No. North Carolina does not offer a vehicle transfer-on-death designation. North Carolina law does not authorize a transfer-on-death or beneficiary designation on a motor vehicle certificate of title. The vehicle-transfer statute, G.S. 20-72 ("Transfer by owner"), contains only subsections (a)-(c) governing the owner's assignment and warranty of title, with no TOD or beneficiary provision. Senate Bill 160 (2023) proposed adding a G.S. 20-72(d) authorizing a "transfer on death to"/"TOD" designation on the title, but the bill died in committee and was never enacted. On an owner's death, the vehicle transfers under G.S. 20-77(b) through the estate (probated will, letters of administration, surviving spouse's year's-allowance certificate, or an affidavit executed by all heirs).
Because North Carolina does not offer a vehicle TOD designation, the vehicle transfers through: Affidavit of Authority to Assign Title (DMV form MVR-317E) executed by all heirs, used under G.S. 20-77(b) when the owner dies and no personal representative qualifies or is expected to qualify (small/intestate estates)., Estate transfer under G.S. 20-77(b): the Division retitles the vehicle on receipt of a certified copy of a probated will or letters of administration., Surviving spouse's year's allowance: the clerk of superior court issues a certificate assigning the decedent's vehicle to the surviving spouse, which the Division accepts to transfer title (G.S. 20-77(b))., Joint tenancy with right of survivorship: co-owners may title the vehicle as a joint tenancy with right of survivorship using the preprinted option on the title application (G.S. 20-52(a)); the surviving co-owner takes title outside probate.. To keep other assets out of probate, SimplyTrust sets up a revocable trust online.
Without a vehicle TOD option, a North Carolina vehicle typically passes through the estate unless it is jointly titled or held in a trust, or qualifies for a small-estate transfer. Compare your options with the trust vs. will comparison.
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