Short Answer

In North Carolina, if you do not open an estate (or use another approved transfer method) the truck usually stays titled in the deceased person’s name, which means you typically cannot legally transfer the title, sell it, or sometimes even insure/register it in your name. If the truck sits on someone else’s property or in a storage/repair facility, it can be reported as unclaimed and potentially sold through a lien or “unclaimed vehicle” process. Waiting can also create practical problems like storage fees, towing, and paperwork delays.

Understanding the Problem

If you are in North Carolina and you need to get a deceased person’s truck titled into your name, can you simply leave it parked and deal with the paperwork later, even though you were told a small-estate filing is likely required for the DMV transfer?

Apply the Law

Under North Carolina law, a motor vehicle title does not automatically “switch” into an heir’s name just because the owner died. The DMV generally requires legal authority showing who has the right to transfer the vehicle, such as letters issued through the estate process or another method the law allows for inheritance/devise transfers. If no one takes the steps needed to transfer title, the vehicle can remain in the decedent’s name indefinitely—but that can leave the vehicle vulnerable to being treated as unclaimed or abandoned depending on where it is kept and who is incurring costs.

Key Requirements

• Legal authority to transfer: Someone must have paperwork the DMV will accept showing they have the right to transfer the truck after the owner’s death (often through the Clerk of Superior Court estate process).
• DMV title transfer rules still apply: Even when a transfer happens “by operation of law” (like inheritance), the transferee generally must apply for a new title with supporting documents.
• All heirs may need to participate in some situations: For certain inheritance transfers where no administration is pending or expected, the DMV statute contemplates an affidavit executed by all heirs for the transfer.
• Location matters (unclaimed/abandoned risk): If the truck sits at a storage/repair business or on property where it is considered “unclaimed,” the person in control of the property may have reporting duties and may be able to sell the vehicle through lien/unclaimed-vehicle procedures.
• Local ordinances can trigger removal: Cities and counties can regulate and remove “abandoned” or “junked” vehicles under local ordinances, especially if the vehicle is left without consent or becomes a health/safety issue.

What the Statutes Say

• N.C. Gen. Stat. § 20-77 (Transfer by operation of law; unclaimed vehicles) - Explains how the DMV handles inheritance/devise transfers and also addresses reporting and sale procedures for unclaimed vehicles in certain settings.
• N.C. Gen. Stat. § 20-137.10 (Tagging and removal of abandoned/derelict vehicles) - Describes a process where an abandoned/derelict vehicle can be tagged, removed, and sold if not timely reclaimed.
• N.C. Gen. Stat. § 160A-303 (City removal/disposal of junked and abandoned vehicles) - Authorizes municipalities to regulate and remove abandoned/junked vehicles by ordinance and sets out notice/hearing concepts.
• N.C. Gen. Stat. § 153A-132 (County removal/disposal of abandoned and junked vehicles) - Similar authority for counties to regulate and remove abandoned/junked vehicles by ordinance.

Analysis

Apply the Rule to the Facts: Here, you need to transfer a deceased person’s truck into your name, and you were told a small-estate filing is likely required before the DMV will complete the title transfer. If you do nothing and the truck simply sits, the title generally stays in the decedent’s name, which can block a clean transfer later. Also, if the truck is sitting somewhere that triggers “unclaimed” or “abandoned” rules (for example, on someone else’s property or at a storage/repair facility), the truck could be reported and potentially sold through a statutory process rather than waiting for you to be ready.

Process & Timing

1. Who files: Usually an heir or other person entitled to handle the decedent’s property. Where: The Clerk of Superior Court (Estates) in the county where the estate is opened in North Carolina. What: A small-estate procedure is often used when it fits the situation; once approved, you use the court-issued paperwork the DMV requires for an inheritance transfer. When: As soon as practical, especially if the truck is not on your own property or storage fees are accruing.
2. DMV step: After the court paperwork is issued, an authorized person can take the paperwork to the DMV to apply for the new title in the proper name (and handle registration/plates if the truck will be driven).
3. Protect the vehicle while waiting: If you must delay, keep the truck on property where you have permission to store it and avoid situations where it could be treated as unclaimed (such as leaving it at a tow yard, repair shop, or storage lot without a clear agreement).

Exceptions & Pitfalls

• “It’s in my family, so I can sell it later”: Even if you are an heir, you typically still need DMV-acceptable authority to transfer title. Without it, selling or retitling can stall.
• Storage/repair lots can create a lien pathway: If the truck sits at a facility that charges storage or has an unclaimed-vehicle process, the vehicle can become subject to reporting and sale procedures, and you may have to pay charges to recover it.
• Local abandoned/junked vehicle enforcement: If the truck is visible, untagged, unregistered, or in disrepair, city/county ordinances can lead to towing and disposal after notice procedures.
• Heir agreement issues: If multiple heirs exist, DMV transfer options may require everyone’s participation in certain no-estate scenarios, and disagreements can stop the process.
• Creditor issues: Even when a vehicle is transferred after death, creditor rights can still matter; trying to “skip” administration can create problems if debts remain.

Conclusion

In North Carolina, if you do not open an estate (or use another legally accepted transfer method), the truck generally stays titled in the deceased owner’s name, which can prevent a clean DMV title transfer and can expose the vehicle to towing, storage charges, or an unclaimed-vehicle sale process depending on where it sits. The most practical next step is to start the small-estate paperwork with the Clerk of Superior Court so you can take the approved documents to the DMV and complete the title transfer.

Talk to a Personal Injury Attorney

If you're dealing with a deceased person’s vehicle that needs to be transferred and you’re worried about delays, paperwork, or the risk of the vehicle being treated as unclaimed, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today at [CONTACT NUMBER].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.