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mvr-317 form questions

Discussion in 'Estate Administration & Probate Court' started by Edjh, Jan 18, 2021.

  1. Edjh

    Edjh Law Topic Starter New Member

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    Jurisdiction:
    North Carolina
    I am filling out the MVR 317 form. On line 5 there is a section about the martial status if both the individual and spouse are deceased would I check married then add the spouses name and list deceased?

    Also is the appraised value listed on the DMV form they send each year the same as true value. If not if I use Kelley Blue Book would true value be the trade in or private party price.

    The final question would I need to file a highway use tax exemption certificate for a flat bed hauling trailer.
     
  2. adjusterjack

    adjusterjack Super Moderator

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  3. Edjh

    Edjh Law Topic Starter New Member

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    Thanks I have already seen the instructions before just had some specific questions.
     
  4. zddoodah

    zddoodah Well-Known Member

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    No one who posts here regularly is a North Carolina probate attorney (and, AFAIK, no NC attorneys post here at all). Therefore, no one here is likely to be familiar with the form.

    With that said, it seems pretty obvious that, if the decedent is not married at the time of his/her death (whether because the decedent's spouse predeceased him/her or otherwise), you check the box for "unmarried," you leave the first line blank, and you name any surviving children in the second blank.

    I can't even begin to answer the second question because I don't know what DMV form you're talking about, and your third question seems to be unrelated to the rest of the post and involve highway regulations.

    I strongly suggest you consult with a local attorney.
     
  5. army judge

    army judge Super Moderator

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    Your state court system allegedly offers citizens of NC instructions for the MVR317.

    MVR-317 Instructions – Affidavit of Authority to Assign Title | North Carolina Judicial Branch

    The official link to the form in question:

    https://www.northcarolina.ctt.com/d...thority to Assign Title (decedents title).pdf

    A discussion by someone who has been where you are today:

    How to deal with the vehicle of a loved one who died in North Carolina — peacefully

    Video instructions and access to notorious form MVR317:

    Mvr 317 - Fill Online, Printable, Fillable, Blank | pdfFiller

    Happy form completing wishes, mate.
     
  6. flyingron

    flyingron Well-Known Member

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    As posted on the other forum, the value of these vehicles in aggregate disqualifies you from using that form. You're going to have to probate the estate and have the person with the appropriate authority (letters of administration or whatever) transfer the titles on behalf of the estate.
     
  7. Edjh

    Edjh Law Topic Starter New Member

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    So just do the small estate collection form since the total is under $10,000.
     
  8. Edjh

    Edjh Law Topic Starter New Member

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    I am thinking the MVR 317 form would also be used in conjunction with the small estate form would this be correct if one heir has already paid the other heir for the vehicle.
     
  9. flyingron

    flyingron Well-Known Member

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    Huh? No. The form is for a subset of the small estates where the transfer is trivial and that the DMV doesn't want to have to go look at letters testimentary, etc... You keep changing the story as to the size of the estate and nature of the vehicles. You should contact an attorney before you get into big trouble. Unlike being able to game internet forums, the State of NC has real consequences.
     
    army judge likes this.

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