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  1. #1
    Join Date
    Feb 2010
    Posts
    21

    Default Small Estate Limit Per Individual or Estate

    My question involves estate proceedings in the state of: North Carolina
    Does the small estate limit apply to each individual or the total estate. In a case where the husband who passed five years ago had a vehicle title in his name only and his wife never changed the title to her name. She passed away three years ago everything was settled through the small estate process as most everything was included in a trust. Would this vehicles value apply to the final estate or does the husband have a separate small estate imit since this vehicle was not included in the final estate settlement. Since I was the only heir I did not want to have the vehicle transferred to me if it would open up probate or is there a statue of limitations for probate.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Small Estate Limit Per Individual or Estate

    The car is still part of the husband's estate and has to be handled that way. You've only delayed the inevitable.

    Take the title to the DMV and see if there is a process for inherited vehicles without probate. If there isn't, you may be able to post a bond.

    https://www.ncdot.gov/dmv/downloads/...h=title%20bond

  3. #3
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Small Estate Limit Per Individual or Estate

    Quote Quoting rfhjr
    View Post
    Does the small estate limit apply to each individual or the total estate.
    The applicability of the laws governing small estates depends on the value of the estate (hence "small estate").


    Quote Quoting rfhjr
    View Post
    In a case where the husband who passed five years ago had a vehicle title in his name only and his wife never changed the title to her name. She passed away three years ago everything was settled through the small estate process as most everything was included in a trust.
    I'm going to assume that "most everything" is exclusive of the vehicle, but please say so if that's not the case.


    Quote Quoting rfhjr
    View Post
    Would this vehicles value apply to the final estate or does the husband have a separate small estate imit since this vehicle was not included in the final estate settlement.
    The vehicle was presumably part of the husband's estate and then became part of the wife's estate. Those are/were separate estates.


    Quote Quoting rfhjr
    View Post
    Would this vehicles value apply to the final estate or does the husband have a separate small estate imit since this vehicle was not included in the final estate settlement.
    I assume you are the only heir of the wife's estate and that you were not an heir of the husband's estate. Correct? How much is this five-plus year old vehicle worth? How much is her estate worth exclusive of the vehicle?

    The problem you're going to have is that, if the vehicle is in the husband's name, you first have to get it out of his name and prove that it should be put in your name. Since you likely were not an heir of his estate, you'll essentially have to deal with two estates. If this vehicle isn't worth much, the hassle and expense of dealing with this may not be worthwhile.

  4. #4
    Join Date
    Feb 2010
    Posts
    21

    Default Re: Small Estate Limit Per Individual or Estate

    Thank you for the information.

    I appreciate the information. I had read the DMV form regarding the transfer of a vehicle from a deceased individual before I posted the question. It refers back to the clerk of court first then if they sign off then it's taken back to the DMV for processing. Since it is not a direct transfer I figured the clerk of court would be unable to assist. Since the vehicle is over 20 years old I will just leave everything as is. Thank you for answering my question.

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