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  1. #1
    Join Date
    May 2012
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    3

    Default One Titleholder Deceased, How to Sell the Car

    My question involves Title/Registration in the State of North Carolina.

    I have a car titled in my name, deceased mother's name, and the bank financing the car loan. I want to sell this vehicle because I have no use for it. Can i sell it to a dealership (carmax) even though a deceased person is on the title ? I read I may need power of attorney to do this. What else is involved ? Necessary forms, actions from DMV etc. ?

  2. #2
    Join Date
    Jan 2006
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    27,121

    Default Re: One Titleholder Deceased, How to Sell the Car

    was probate opened for your mother's estate?

    How is ownership listed on the title. Is there an "and" or an "or" between the names? Does it list anything such as; rights of survivorship?

  3. #3
    Join Date
    Sep 2011
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    OH10
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    14,052

    Default Re: One Titleholder Deceased, How to Sell the Car

    The administrator of her estate can transfer it. If estate was not probated, there is an abbreviated court method for estates under $10000, I believe it is. The DMV form to transfer is MVR 317.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

  4. #4
    Join Date
    Sep 2010
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    9,485

    Default Re: One Titleholder Deceased, How to Sell the Car

    If it's a NC title, there's no such thing as "OR" in the title. We do have JTW/JTWROS. If the latter is the case, then you need to fill out MVR 317 with a copy of the death certificate as supporting document which will indicate the survivor has the right to sign the title transfer. If there is no right of survivorship noted, you must provide other documents depending on where the estate is in the probate (or smalll estate) process. You'll either need letters from the court/appointed administrator or release of the heirs.

  5. #5
    Join Date
    May 2012
    Posts
    3

    Default Re: One Titleholder Deceased, How to Sell the Car

    Thanks flyingron! Would I need a "Letter of Testamentary" (if there isn't survivorship) ? Would Power of Attorney grant me the right to sell the vehicle without the deceased being present ?

  6. #6
    Join Date
    Jan 2006
    Posts
    27,121

    Default Re: One Titleholder Deceased, How to Sell the Car

    Quote Quoting lovek
    View Post
    Would Power of Attorney grant me the right to sell the vehicle without the deceased being present ?
    Something is really wrong with that statement. I am imagining a weekend at Bernie's scenario with the decedent setting in a convertible with a friend making her hand wave at the buyer of the car.


    The POA terminates at death so it will do you no good but it would appear you never had a POA and they cannot be issued after death.

  7. #7
    Join Date
    May 2012
    Posts
    3

    Default Re: One Titleholder Deceased, How to Sell the Car

    Lol You can't imagine how funny that sounds now that I heard the Weekend at Bernies scenario.

    I've contacted the bank and of course there is no survivorship stated on the original title. Also no "OR" in the title between the names. I'm going to the court to get a letter of testamentary to be considered the executor of estate. I am hoping this letter is the key

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