So you inherited a trailer. One important task is transferring their trailer title. In North Carolina, there's a streamlined alternative to full probate called the Assignment of Motor Vehicle Title, which can simplify this process. Let's dive into how it works and when you can use it.
Assignment of Motor Vehicle Title:
The Assignment of Motor Vehicle Title, completed with Form MVR-317, offers a simpler way to transfer a trailer title without going through full probate. This method is applicable in specific situations and provides a more efficient alternative.
When Can You Use the Assignment of Motor Vehicle Title?
This process is available under G.S. 20-77(b) in two scenarios:
Scenario 1: With a Will (Testate)
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The decedent left a small estate that doesn’t justify probate expenses.
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No interested party has demanded probate or administration.
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The will is filed with the clerk’s office.
Scenario 2: No Will (Intestate)
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The individual dies without a will.
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No court-appointed administrator (personal representative) is settling the estate through probate.
For example, if an estate is closed and a trailer titled to the deceased is discovered later, this procedure can be an alternative to reopening the estate.
How to Use the Assignment of Motor Vehicle Title
To transfer the title using this method, you need to submit an affidavit complying with NCGS 20-77(b). If the Affidavit of Authority to Assign Title (form MVR-317) is not available online, you can pick it up at the DMV.
Affidavit Requirements
The affidavit must include:
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Decedent’s name and date of death.
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Indication of whether the decedent died intestate or testate.
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Statement that no administration is pending or expected.
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Confirmation that all debts are paid or will be paid from the transfer proceeds.
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Names, ages, and relationships of all heirs and devisees (if there’s a will).
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Name and address of the title transferee.
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Signatures of all heirs.
If minor or incompetent children are involved and have no guardian, the surviving spouse can execute the affidavit.
The Clerk of Superior Court must approve the affidavit and execute its reverse side before it’s submitted to the DMV. Upon receipt of the complaint affidavit, the North Carolina DMV will transfer the title.
Special Cases
Mobile Homes
When spouses own a mobile home as tenants by the entirety (a form of ownership usually reserved for real estate), if one spouse passes away, the surviving spouse becomes the sole owner. The surviving spouse can title the mobile home in their name by providing a death certificate to the DMV.
Joint Ownership with Right of Survivorship
If a trailer is jointly owned with the right of survivorship, the surviving co-owner(s) automatically inherit the ownership. The DMV will require a death certificate to allow the survivor to transfer the title.
Conclusion
The Assignment of Motor Vehicle Title offers a streamlined process for transferring trailer ownership after death, avoiding full administration in specific circumstances. This method is largely discretionary, dependent on the Clerk of Court’s approval. By understanding and utilizing this process, you can efficiently manage trailer title transfers during a difficult time.
By providing clear, concise, and accurate information, this blog ensures that you’re prepared to handle trailer titling and registration after a loved one's death. Stay informed and navigate these legal requirements with confidence.
NEXT UP: PART 6: TITLE AND REGISTRATION BLOGS: DO I NEED TRAILER INSURANCE IN NORTH CAROLINA?
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